[2022] KEHC 10962 (KLR)
The court declined to review the applicant's custodial sentence based on the probation report, which indicated that the applicant was viewed negatively by the community, had criminal tendencies, and faced hostility that could endanger his life if released. The court found no sufficient grounds to substitute the...
Source-derived case information.
- Citation
- [2022] KEHC 10962 (KLR)
- Parties
- Applicant: Ezekiel Onyango Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E059 of 2022
- Procedural Posture
- Criminal Case / Ruling on Sentence Review Application
- Outcome
- application for sentence review declined
- Judges
- JN Kamau
- Legal Topics
- Stealing Stock, Handling Stolen Property, Sentence Review, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Onyango Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant should be released on a non-custodial sentence after serving part of his custodial sentence.
- 2 Whether the probation report supports the applicant's release.
Ratio Decidendi
The court declined to review the applicant's custodial sentence based on the probation report, which indicated that the applicant was viewed negatively by the community, had criminal tendencies, and faced hostility that could endanger his life if released. The court found no sufficient grounds to substitute the custodial sentence with a non-custodial one at this time, emphasizing the importance of community safety and the applicant's rehabilitation prospects. The applicant was advised he may reapply for sentence review at a more appropriate time.
Court Disposition
application for sentence review declined
Orders
- The application for review of sentence is declined.
- The applicant shall serve the remainder of his sentence in custody.
Full Case Text
Judgment text and source record
16 paragraphs
Owino v Republic (Criminal Case E059 of 2022) [2022] KEHC 10962 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10962 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E059 of 2022
JN Kamau, J
August 2, 2022
Between
Ezekiel Onyango Owino
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with two (2) counts of stealing stock contrary to section 278 of the Penal Codecap 63 (Laws of Kenya). He was also charged with the alternative charge of handling stolen property contrary to section 278 of the Penal Code. He was sentenced to three (3) years on 15/11/2021. The Applicant had only served about nine (9) months out of his three (3) years sentence. The Report of Fredrick Otieno Probation/Community Service Officer that was filed on 29/7/2022 did not recommend the release of the Applicant on a non-custodial sentence on account of the fact that he was viewed negatively by the community and he had criminal tendencies. The family was apprehensive that his life would be in danger if he was released at this time when there was hostility to him. Accordingly, I hereby decline to review the sentence and direct that the applicant serves the remainder of the sentence in custody. He will be at liberty to apply again at the appropriate time for consideration by the court. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE