[2022] KEHC 16828 (KLR)
The court found that the applicant, George Odhiambo Peter, was unsuitable for a non-custodial sentence due to his refusal to disclose his home or family contacts, lack of a fixed abode, and absence of a National Identity Card. These factors, as highlighted in the presentence report, made it impossible to consider...
Source-derived case information.
- Citation
- [2022] KEHC 16828 (KLR)
- Parties
- Applicant: George Odhiambo Peter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E137 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision declined; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Non Custodial Sentence, Presentence Report, Breaking and Entering
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Odhiambo Peter
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence given his refusal to disclose his home or family contacts and lack of identification.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant, George Odhiambo Peter, was unsuitable for a non-custodial sentence due to his refusal to disclose his home or family contacts, lack of a fixed abode, and absence of a National Identity Card. These factors, as highlighted in the presentence report, made it impossible to consider him for a non-custodial sentence, as effective supervision and rehabilitation could not be ensured. The court therefore declined to revise the sentence imposed by the trial court and ordered the file closed.
Court Disposition
Application for sentence revision declined; file closed.
Orders
- The applicant is not suitable for a non-custodial sentence owing to his clandestine lifestyle.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Peter v Republic (Criminal Revision E137 of 2022) [2022] KEHC 16828 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16828 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E137 of 2022
RE Aburili, J
December 21, 2022
Between
George Odhiambo Peter
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E310 of 2022 delivered by Hon. S.W. Mathenge, Senior Resident Magistrate on 10. 6.2022)
Ruling
1. The Presentence report on the convict George Odhiambo Peter show that he has no fixed abode as he refused to disclose his home or family contacts, he has no National Identity Card and therefore a non-custodial sentence is unsuitable although he admitted to committing the offence of breaking and entering a building and stealing therefrom.
2. The convict is not suitable for non-custodial sentence owing to his clandestine lifestyle.
3. File closed. I so order.
Dated, signed and delivered at Siaya, this 21stDay of December, 2022R.E. ABURILIJUDGE