[2021] KEHC 5459 (KLR)
The court found that the sentence imposed on the applicant for stock theft was both lawful and lenient. The probation officer's report indicated that the applicant was a repeat offender, had been disowned by his family, and was considered a flight risk. Furthermore, the offence did not fall within the scope of...
Source-derived case information.
- Citation
- [2021] KEHC 5459 (KLR)
- Parties
- Applicant: Reagan Omondi Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E076 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Stock Theft, Sentencing Revision, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reagan Omondi Omollo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for stock theft should be revised.
- 2 Whether the applicant qualifies for a non-custodial sentence under the Community Service Orders Act.
Ratio Decidendi
The court found that the sentence imposed on the applicant for stock theft was both lawful and lenient. The probation officer's report indicated that the applicant was a repeat offender, had been disowned by his family, and was considered a flight risk. Furthermore, the offence did not fall within the scope of section 3(1) of the Community Service Orders Act, making the applicant ineligible for a non-custodial sentence. Consequently, there was no legal basis to revise the sentence, and the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The sentence imposed remains undisturbed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E076 OF 2021
CORAM: R.E. ABURILI, J
REAGAN OMONDI OMOLLO....................APPLICANT
VERSUS
REPUBLIC.................................................RESPONDENT
(Being an Application for Revision of sentence in
Ukwala PM Court’s Criminal Case No. 201 of 2020 on 24/12/2020)
RULING
1. The convict Reagan Omondi Omollo aged 23 years was convicted of the offence of stock theft. He was sentenced on 24/12/2020. He has served seven months in prison. The Probation officer Catherine Amimo filed a report on 15/6/2021 indicating that from her interview of the convict and his family and the community, he is troublesome after voluntarily dropping out of school in 2019. He is engaged in criminal activities and his father has disowned him. He is a flight risk if considered for non-custodial sentences. As the sentence imposed was lawful and lenient, and as the matter does not fall within section 3 (1) of the Community Service Orders Act, the application for revision of sentence is found to be devoid of merit.
2. I decline to revise the sentence imposed and dismiss the application for sentence revision. File closed. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE