[2022] KEHC 12814 (KLR)
The court found that the applicant, having served six months in prison and with the stolen cock recovered, had learnt his lesson. The offences, while serious, did not warrant continued incarceration given the applicant's willingness to reform, his age, and the fact that the complainants' injuries were classified as...
Source-derived case information.
- Citation
- [2022] KEHC 12814 (KLR)
- Parties
- Applicant: Samson Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E035 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review After Conviction and Sentencing in Magistrate's Court
- Outcome
- Application for sentence review allowed. Custodial sentences set aside and substituted with suspended sentence and probation.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Stealing, Assault Causing Actual Bodily Harm, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review After Conviction and Sentencing in Magistrate's Court
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for stealing and assault was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence or probation given the recovery of the stolen property and the applicant's conduct.
Ratio Decidendi
The court found that the applicant, having served six months in prison and with the stolen cock recovered, had learnt his lesson. The offences, while serious, did not warrant continued incarceration given the applicant's willingness to reform, his age, and the fact that the complainants' injuries were classified as harm rather than grievous harm. The court exercised its discretion to substitute the custodial sentences with a suspended sentence for the theft count and probation for the assault counts, emphasizing rehabilitation and community supervision over further imprisonment.
Court Disposition
Application for sentence review allowed. Custodial sentences set aside and substituted with suspended sentence and probation.
Orders
- Sentence of 12 months imprisonment for stealing is set aside and substituted with a suspended sentence for 6 months.
- Sentences for assault causing actual bodily harm are set aside and substituted with an order for immediate release and placement on probation for one year under supervision and counselling by the probation officer, Bondo.
Full Case Text
Judgment text and source record
23 paragraphs
Owino v Republic (Criminal Revision E035 of 2022) [2022] KEHC 12814 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12814 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E035 of 2022
RE Aburili, J
August 8, 2022
Between
Samson Owino
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E046/2022 by Hon. J.P. Nandi, Principal Magistrate on 5/4/2022)
Ruling
1. The convict Samson Owino was convicted on his own plea of guilty on three counts. Count one was stealing contrary to section 268 of the Penal Code as read with section 275 of the Penal Code. Counts two and three are of assault causing actual bodily harm contrary to section 251 of the Penal Code. He was sentenced to serve 12 months imprisonment on each count, sentences to run concurrently. This was on 11/2/2022. He has served about 6 months of the 3 years prison term.
2. The initial presentence report did not recommend non-custodial sentence on account that the convict was a notorious thief and therefore the community did not want to see him.
3. I have considered the sentence review report. The convict stole one cock valued at Kshs 1,000/= and also assaulted the 2 people who accosted him when they found him leaving the 1st complainant’s kitchen while carrying the cock. The complainants sustained injuries classified as harm. The cock was recovered.
4. The convict is willing to serve non-custodial sentence and pleads for the mercy of the court. In my view, the convict has learnt his lessons in prison for the 6 months that he has been behind bars. The convict is not a young man. At 42 years old, he knows what is right and wrong.
5. I make the following orders:a.Count 1 on stealing of a cock, the sentence of 12 months imprisonment is hereby set aside and substituted with suspended sentence for 6 months as the stolen cock was recovered.b.For counts 2 and 3, the consecutive sentences of 2 years imprisonment combined are hereby set aside and substituted with a concurrent sentence which is also hereby set aside and substituted with an order that the convict Samson Owino shall be released from prison forthwith and placed on probation for one year to be closely supervised and counselled by the probation officer, Bondo and cautioned against breach of any probationary terms or reoffending.
6. I so order.
8. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE