[2023] KEHC 23934 (KLR)
The court declined to revise the sentence of three years imprisonment for arson because the probation officer's report indicated that the applicant posed a threat to his mother and was not suitable for a non-custodial sentence. The applicant's status as a first offender and his age were considered, but the risk to...
Source-derived case information.
- Citation
- [2023] KEHC 23934 (KLR)
- Parties
- Applicant: Stephen Omondi Saka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E069 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence declined.
- Judges
- RE Aburili
- Legal Topics
- Arson, Sentencing, Revision of Sentence, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omondi Saka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of three years imprisonment for arson should be revised in light of the applicant's circumstances.
- 2 Whether a non-custodial sentence is appropriate given the probation officer's report.
Ratio Decidendi
The court declined to revise the sentence of three years imprisonment for arson because the probation officer's report indicated that the applicant posed a threat to his mother and was not suitable for a non-custodial sentence. The applicant's status as a first offender and his age were considered, but the risk to the complainant and the need for reformation outweighed these factors. The court held that the applicant may apply for revision after serving one year in prison and upon demonstration of changed behaviour, as supported by a recommendation.
Court Disposition
Application for revision of sentence declined.
Orders
- Sentence of three years imprisonment for arson is upheld.
- Applicant may apply for revision after serving one year in prison with a recommendation on changed behaviour.
Full Case Text
Judgment text and source record
21 paragraphs
Saka v Republic (Criminal Revision E069 of 2023) [2023] KEHC 23934 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23934 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E069 of 2023
RE Aburili, J
October 6, 2023
Between
Stephen Omondi Saka
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E365 of 2022 at Nyando)
Ruling
1. The Convict Stephen Omondi Saka was convicted and sentenced to serve three (3) years imprisonment for the offence of Arson vide Nyando SPM Criminal Case No. E365 of 2022 on May 18, 2013.
2. He is a first offender. The complainant is his mother. He is 26 years old and unmarried. He is said to be giving his family sleepless nights as he has criminal tendencies hence his being in prison will reform him.
3. The Probation Officer does not recommend non-custodial sentence as the Convict is a threat to his own mother.
4. In the premises, I decline to revise the sentence imposed. The convict can apply after staying in prison for one (1) year and with a recommendation on his changed behaviour.
5. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE