[2023] KEHC 23938 (KLR)
The court declined to revise the custodial sentence because the applicant, Emmanuel Ouma Seda, is a habitual offender with no fixed abode, making him unsuitable for supervision under a non-custodial sentence. The probation officer's report confirmed that the applicant's transient lifestyle and lack of community ties...
Source-derived case information.
- Citation
- [2023] KEHC 23938 (KLR)
- Parties
- Applicant: Emmanuel Ouma Seda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E082 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence declined. Applicant to serve full prison term imposed.
- Judges
- RE Aburili
- Legal Topics
- Housebreaking, Stealing, Sentencing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Ouma Seda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of the probation officer's report.
- 2 Whether a non-custodial sentence is appropriate given the applicant's circumstances.
Ratio Decidendi
The court declined to revise the custodial sentence because the applicant, Emmanuel Ouma Seda, is a habitual offender with no fixed abode, making him unsuitable for supervision under a non-custodial sentence. The probation officer's report confirmed that the applicant's transient lifestyle and lack of community ties would make enforcement of a non-custodial sentence impracticable. The court found no sufficient grounds to interfere with the original sentence imposed by the trial court and ordered that the applicant serve the full prison term.
Court Disposition
Application for revision of sentence declined. Applicant to serve full prison term imposed.
Orders
- The application for revision of sentence is declined.
- The convict to serve the full prison term imposed.
Full Case Text
Judgment text and source record
21 paragraphs
Seda v Republic (Criminal Revision E082 of 2023) [2023] KEHC 23938 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23938 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E082 of 2023
RE Aburili, J
October 6, 2023
Between
Emmanuel Ouma Seda
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E423 of 2022 at Nyando)
Ruling
1. The convict Emmanuel Ouma Seda was sentenced to serve two (2) years imprisonment on June 28, 2022 for the offences of Housebreaking and stealing. He pleaded guilty to the charge.
2. The Probation Officer’s report filed in court on August 23, 2023 reveals that the convict has no fixed abode and hence a non-custodial sentence will not be served as he will be impossible to be supervised.
3. In the community as reported, he is a habitual offender who steals and takes off living in different towns. He is not married hence no obligation to third parties.
4. In view of the above, I hereby decline to revise the sentence imposed.
5. The convict to serve full prison term imposed. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE