[2024] KEHC 14692 (KLR)
The court found that the applicant was not suitable for a non-custodial sentence based on the probation officer's report, which indicated persistent problematic behavior and lack of reformation. The complainant and local administration expressed concerns about the applicant's notoriety and potential danger to...
Source-derived case information.
- Citation
- [2024] KEHC 14692 (KLR)
- Parties
- Applicant: Denis Shivan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E514 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision dismissed; applicant to continue serving custodial sentence.
- Judges
- PN Gichohi
- Legal Topics
- House Breaking, Stealing, Sentencing Revision, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Shivan
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence upon revision.
- 2 Whether the sentence imposed should be revised in light of the probation report and community safety concerns.
Ratio Decidendi
The court found that the applicant was not suitable for a non-custodial sentence based on the probation officer's report, which indicated persistent problematic behavior and lack of reformation. The complainant and local administration expressed concerns about the applicant's notoriety and potential danger to himself and the community if released. In light of these factors, the court held that this was not a suitable case for revision and ordered the applicant to continue serving his custodial sentence.
Court Disposition
Application for revision dismissed; applicant to continue serving custodial sentence.
Orders
- The application for revision is dismissed.
- The applicant shall continue to serve his three-year prison sentence.
Full Case Text
Judgment text and source record
22 paragraphs
Shivan v Republic (Criminal Revision E514 of 2024) [2024] KEHC 14692 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14692 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E514 of 2024
PN Gichohi, J
November 25, 2024
Between
Denis Shivan
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Denis Shivan) was charged in Molo MCCR E1363 of 2024 with the offence of House breaking contrary to Section 304(1)(b) and stealing contrary to Section 279 (b) of the Penal Code.
3. The particulars are that on the 28th Day of June, 2024 at Bama, in Rongai Sub County, within Nakuru County, broke and entered the building used as a dwelling house by Moses Kiarie Kariu, and stole, assorted metals valued at Ksh.10,500/=, 2 cooking gas of 6 kgs valued at Ksh.7,000/= and 6 kgs of nails valued at Ksh.900/=, all valued at Ksh.12,100/= the property of the said Moses Kiarie Kariu.
4. In the alternative charge Handling stolen goods contrary to section 322(1)(2) of the Penal Code.
5. He pleaded guilty and was sentenced to serve three (3) years imprisonment.
6. The Sentence Review Report by the Probation officer dated 20th November, 2024 has now confirmed that the Applicant not suitable for a non- custodial sentence since he has been very problematic and despite their efforts to help him turn a new leaf, they have been unsuccessful. The complainant also stated that she is not convinced that the inmate has reformed within the 4 months he has served in prison. The area local administration also stated that the inmate is a notorious criminal in the community and would recommend that he continues serving his sentence as he would be in danger from community members if released.
7. In the circumstances this is not a suitable case for revision. Applicant to serve his prison sentence.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant