[2023] KEHC 27448 (KLR)
The court declined to revise the applicant's sentence because the pre-sentence report was negative, and none of the applicant's relatives, complainants, or local administration were willing to have him back in the community. The court found that, as a sexual offender, it was not in the interest of justice to allow...
Source-derived case information.
- Citation
- [2023] KEHC 27448 (KLR)
- Parties
- Applicant: Peter Komoi Panin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E087 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- GL Nzioka
- Legal Topics
- Sentencing Review, Sexual Offences, Pre Sentence Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Komoi Panin
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the pre-sentence report and circumstances.
- 2 Whether it is in the interest of justice to allow the applicant's return to the community.
Ratio Decidendi
The court declined to revise the applicant's sentence because the pre-sentence report was negative, and none of the applicant's relatives, complainants, or local administration were willing to have him back in the community. The court found that, as a sexual offender, it was not in the interest of justice to allow the revision at this time. The application was therefore dismissed, but the court left open the possibility for renewal of the application in the future.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is not allowed as prayed.
- The applicant shall serve the sentence as imposed.
Full Case Text
Judgment text and source record
16 paragraphs
Panin v Republic (Criminal Revision E087 of 2023) [2023] KEHC 27448 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27448 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Revision E087 of 2023
GL Nzioka, J
October 12, 2023
Between
Peter Komoi Panin
Applicant
and
Republic
Respondent
Ruling
1. The pre-sentence report has been considered. It is not positive. None of the parties’ relatives/complainants or local administration are ready to have him back home. All sundry recommends he finishes his sentence as he is a sexual offender. In that regard I find that it is not in the interest of justice to review the applicant’s sentences. He shall serve the sentence but is amenable to renewal of this application. For now the application herein is not allowed as prayed. The file be closed accordingly.
DATED, DELIVERED AND SIGNED THIS 12TH DAY OF OCTOBER 2023GRACE L. NZIOKAJUDGEIn the presence of:-The applicant present virtuallyMr. Ndiema for the stateMs Ogutu: Court Assistant