[2023] KEHC 27468 (KLR)
The court found that the sentence review report prepared by the Probation Officer was unfavourable to the applicant. In the absence of a favourable report, the court declined to substitute the custodial sentence with a Community Service Order. The applicant was therefore ordered to continue serving his original...
Source-derived case information.
- Citation
- [2023] KEHC 27468 (KLR)
- Parties
- Applicant: Charles Odhiambo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E040 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application for sentence review dismissed; applicant to continue serving custodial sentence.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Odhiambo Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is eligible for a review of sentence under the Community Service Order provisions.
- 2 Whether the sentence review report supports the applicant's request for a non-custodial sentence.
Ratio Decidendi
The court found that the sentence review report prepared by the Probation Officer was unfavourable to the applicant. In the absence of a favourable report, the court declined to substitute the custodial sentence with a Community Service Order. The applicant was therefore ordered to continue serving his original sentence in custody.
Court Disposition
Application for sentence review dismissed; applicant to continue serving custodial sentence.
Orders
- The applicant shall continue serving his sentence in custody.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
Otieno v Republic (Criminal Revision E040 of 2023) [2023] KEHC 27468 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27468 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E040 of 2023
MS Shariff, J
October 19, 2023
Between
Charles Odhiambo Otieno
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Charles Odhiambo Otieno was charged and convicted of the offence of stealing from a locked room contrary to Section 279 (g) of the Penal Code in Tamu SPM’s Cr. Case No. E269 of 2021. He was sentenced on 3rd August, 2022 to imprisonment for a period of 4 years. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 17th August, 2023 by Probation Officer, Tamu and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.
3. File closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE