[2022] KEHC 16834 (KLR)
The court declined to revise the custodial sentence imposed on the applicants after considering the Presentence Report, which highlighted that the applicants were habitual thieves, lacked family ties and responsibilities, and did not possess national identification documents. The report further indicated that...
Source-derived case information.
- Citation
- [2022] KEHC 16834 (KLR)
- Parties
- Applicant: Frank Oketch Siko; Applicant: Victor Okoth Otot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E115 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing Offence, Presentence Reports, Habitual Offender, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frank Oketch Siko
Applicant
Victor Okoth Otot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicants should be revised.
- 2 Whether the applicants are suitable for a non-custodial sentence.
Ratio Decidendi
The court declined to revise the custodial sentence imposed on the applicants after considering the Presentence Report, which highlighted that the applicants were habitual thieves, lacked family ties and responsibilities, and did not possess national identification documents. The report further indicated that releasing them on a non-custodial sentence would expose them to the risk of lynching by the community. The court found that these factors made the applicants unsuitable for a non-custodial sentence and that the custodial sentence was appropriate in the circumstances. Accordingly, the application for sentence revision was dismissed.
Court Disposition
application for sentence revision dismissed
Orders
- Application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Siko & another v Republic (Criminal Revision E115 of 2022) [2022] KEHC 16834 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16834 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E115 of 2022
RE Aburili, J
December 21, 2022
Between
Frank Oketch Siko
1st Applicant
Victor Okoth Otot
2nd Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E466 of 2021 delivered by Hon. J.P. Nandi, Principal Magistrate on 23. 8.2022)
Ruling
1. The convicts herein Frank Oketch Siko and Victor Okoth Otot are serving a 2-year jail term for the offence of stealing.
2. The Presentence Report shows that they are at risk of being lynched should he be given non-custodial sentence because they are said to be habitual thieves. They are also not married and have no family ties and responsibilities hence non-custodial sentence shall not aid them to reform. That they also have no national identification documents on them yet they are aged 21 and 28 years respectively.
3. I decline to revise sentence.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE