[2022] KEHC 16777 (KLR)
The court found that the applicant, having previously been convicted of a similar offence and granted a non-custodial sentence, reoffended by committing the same crime. This demonstrated that the applicant could not be trusted to live in society without posing a risk to others. The court held that the applicant was...
Source-derived case information.
- Citation
- [2022] KEHC 16777 (KLR)
- Parties
- Applicant: Collins Oyoo Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E111 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision dismissed.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Recidivism, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Oyoo Owuor
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence upon conviction for kidnapping.
- 2 Whether the sentence of three years imprisonment should be revised.
Ratio Decidendi
The court found that the applicant, having previously been convicted of a similar offence and granted a non-custodial sentence, reoffended by committing the same crime. This demonstrated that the applicant could not be trusted to live in society without posing a risk to others. The court held that the applicant was not suitable for a non-custodial sentence and declined to revise the three-year imprisonment term imposed by the trial court.
Court Disposition
Application for sentence revision dismissed.
Orders
- The application for revision of sentence is declined.
- The applicant shall continue to serve the three-year imprisonment term.
Full Case Text
Judgment text and source record
21 paragraphs
Owuor v Republic (Criminal Revision E111 of 2022) [2022] KEHC 16777 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16777 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E111 of 2022
RE Aburili, J
December 21, 2022
Between
Collins Oyoo Owuor
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. 83 of 2020 delivered by Hon. J.P. Nandi, Principal Magistrate on 30. 11. 2021)
Ruling
1. The convict herein Collins Oyoo Owuor was sentenced to serve 3 years imprisonment for the offence of kidnapping. This was not his first offence. He had earlier on been convicted in Criminal Case No 335/2019 of a similar offence where he kidnapped a child and demanded Kshs 6,000,000/=.
2. After case review, he was given a non-custodial sentence. He went and committed the same offence.
3. He cannot be trusted to live with other human beings until he is fully reformed.
4. I decline to review his prison term as the convict Collins Oyoo Owuor is not suitable for non-custodial sentence.
5. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE