[2022] KEHC 12569 (KLR)
The court declined to review the applicant's custodial sentence because he had only served a short portion of his sentence, the probation reports did not recommend a non-custodial sentence due to his prior criminal record and ongoing community hostility, and there was no support from his family or community for his...
Source-derived case information.
- Citation
- [2022] KEHC 12569 (KLR)
- Parties
- Applicant: Daglas Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E047 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application for revision of sentence dismissed
- Judges
- JN Kamau
- Legal Topics
- Sentencing Review, Handling Suspected Stolen Goods, Penal Code Section 322, Non Custodial Sentence, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daglas Ouma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be reviewed in light of the probation reports and his circumstances.
- 2 Whether the applicant qualifies for a non-custodial sentence given his criminal history and community hostility.
Ratio Decidendi
The court declined to review the applicant's custodial sentence because he had only served a short portion of his sentence, the probation reports did not recommend a non-custodial sentence due to his prior criminal record and ongoing community hostility, and there was no support from his family or community for his reintegration. The court found no sufficient grounds to interfere with the sentence imposed by the trial magistrate and directed that the applicant continue serving his sentence in custody, with liberty to apply afresh at a later time if circumstances change.
Court Disposition
application for revision of sentence dismissed
Orders
- The applicant shall continue to serve his sentence in custody.
- The applicant is at liberty to make a fresh application at the appropriate time.
Full Case Text
Judgment text and source record
16 paragraphs
Ouma v Republic (Criminal Revision E047 of 2022) [2022] KEHC 12569 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12569 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E047 of 2022
JN Kamau, J
August 2, 2022
Between
Daglas Ouma
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of handling suspected stolen goods contrary to Section 322 (1) of the Penal Code Cap 63 (Laws of Kenya). He was arrested on 21/1/2022 and arraigned in court on 24/1/2022 when he pleaded guilty to the charges. The pre-sentencing Report by Celestine Orao Probation Officer dated 8/2/2022 did not recommend a non-custodial sentence as he had previously been convicted of trafficking narcotics and that the Community was still hostile towards him. The Learned Trial Magistrate sentenced him to two (2) years imprisonment on 8/2/2022. His early date of release as per Prison is 8/6/2023. He has only served six (6) months in jail. The remaining period is eleven (11) months and seven (7) days. The Report by Celestine Orao Probation Officer dated 22/7/2022 does not recommend a custodial sentence on account of unwillingness by the family and Community for him to participate in a non-custodial sentence. Accordingly, in view of the fact that he has only served a short period of his sentence, his family and Community are not positive as the environment is still hostile, and the local administration has highlighted his past criminal past, I am not persuaded that I should review the sentence. Accordingly, I hereby direct that the Applicant continues to serve his sentence in custody. He is at liberty to make a fresh application at the appropriate time for consideration by the court. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OFAUGUST, 2022. J. KAMAUJUDGE