[2023] KEHC 3421 (KLR)
The court found that the applicant, Michael Ochieng Oyuga, is a recidivist with a history of similar offences and prior violation of probationary terms. The Sentence Review Report indicated he had previously served a five-year prison term for a related offence and was found unsuitable for a non-custodial sentence....
Source-derived case information.
- Citation
- [2023] KEHC 3421 (KLR)
- Parties
- Applicant: Michael Ochieng Oyuga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E067 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Recidivism, Non Custodial Sentence, Probation Violation
- 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
Michael Ochieng Oyuga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for release on non-custodial terms.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant, Michael Ochieng Oyuga, is a recidivist with a history of similar offences and prior violation of probationary terms. The Sentence Review Report indicated he had previously served a five-year prison term for a related offence and was found unsuitable for a non-custodial sentence. Consequently, the court held that there was no basis to interfere with the custodial sentence imposed by the trial court. The application for revision of sentence was therefore dismissed, and the applicant was ordered to continue serving the sentence as imposed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- Order to be extracted and served via prison authorities.
Full Case Text
Judgment text and source record
20 paragraphs
Oyuga v Republic (Criminal Revision E067 of 2022) [2023] KEHC 3421 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3421 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E067 of 2022
RE Aburili, J
April 13, 2023
Between
Michael Ochieng Oyuga
Applicant
and
Republic
Respondent
Ruling
1. The Applicant/Convict herein Michael Ochieng Oyuga is serving three (3) years prison term for the offence of stealing contrary to Section 268(1) as read with Section 275 of the Penal Code vide Winam Senior Principal Magistrate’s Court Criminal Case No 175 of 2022.
2. From the Sentence Review Report filed on June 28, 2022, the Convict is a recidivist and unsuitable for non-custodial sentence as he has served five (5) years prison term before, for a related offence at Maseno Law Courts after violating probationary terms.
3. I find the Convict unsuitable for release on noncustodial terms.
4. The application for revision of sentence is dismissed.
5. Order to be extracted and served via prison authorities. File is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE