[2024] KEHC 15131 (KLR)
The court declined to revise the applicant's custodial sentence despite a favorable probation officer's report indicating reformation. The judge emphasized that, while the court has discretion to revise sentences for reformed offenders or those with unique circumstances, the prevalence of burglary in the region and...
Source-derived case information.
- Citation
- [2024] KEHC 15131 (KLR)
- Parties
- Applicant: Victor Shikami Alias Alusa; Respondent: Director Of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E354 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for review declined
- Judges
- S Mbungi
- Legal Topics
- Sentencing Revision, Burglary Offences, Probation Reports, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Shikami Alias Alusa
Applicant
Director Of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence based on reformation as indicated in the probation officer's report.
- 2 Whether the court should exercise its discretion to substitute the custodial sentence with a non-custodial one in light of public interest and prevalence of burglary.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence despite a favorable probation officer's report indicating reformation. The judge emphasized that, while the court has discretion to revise sentences for reformed offenders or those with unique circumstances, the prevalence of burglary in the region and the need to protect the public outweighed the applicant's personal circumstances. The court found no sufficient justification to interfere with the lower court's sentence and ordered that the applicant continue serving the original term.
Court Disposition
application for review declined
Orders
- The application for review is declined.
- The applicant shall continue to serve the sentence imposed by the lower court.
Full Case Text
Judgment text and source record
22 paragraphs
Shikami alias Alusa v Director of Public Prosecution (Criminal Revision E354 of 2024) [2024] KEHC 15131 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15131 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E354 of 2024
S Mbungi, J
November 26, 2024
Between
Victor Shikami Alias Alusa
Applicant
and
Director Of Public Prosecution
Respondent
Ruling
1. The accused was sentenced to serve two years’ imprisonment for the offence of burglary contrary to section 304(b) of the penal code. He has served seven (7) months.
2. I have looked at the probation officer’s report. He is said to have reformed.
3. The import for revision is to allow offenders who have reformed or who have unique characteristics like health challenges to serve their sentence out of jail or benefit from other lesser sentences.
4. The court in exercising its discretion whether to revise a sentence must be guided by seven factors like among others those I have mentioned herein above but of utmost importance is the interest.
5. I take judicial notice that cases of burglary are prevalent in this region. There is need to protect the public.
6. Though the probation officer’s report is favorable, I decline to exercise my discretion in favor of the offender and I do order that he continues to serve the sentence imposed by the lower court.
7. The application for review is declined.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 26TH DAY OF NOVEMBER, 2024. S.N MBUNGIJUDGEIn the presence of :Accused – presentCourt Prosecutor – MbonzoCourt Assistant – Elizabeth Angong’a