[2018] KEHC 4623 (KLR)
The court found that the applicant had served more than half of his 5-year sentence for manslaughter, had demonstrated rehabilitation by acquiring skills and earning a positive community reputation, and that the Probation Officer's Report was favorable. In exercise of its discretion, the court determined that the...
Source-derived case information.
- Citation
- [2018] KEHC 4623 (KLR)
- Parties
- Applicant: Silvester Maganga Alias Babu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 86 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence revised; custodial sentence substituted with probation order
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Manslaughter, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvester Maganga Alias Babu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence for manslaughter should be revised in light of his conduct and rehabilitation.
- 2 Whether the remainder of the custodial sentence should be substituted with a probation order.
Ratio Decidendi
The court found that the applicant had served more than half of his 5-year sentence for manslaughter, had demonstrated rehabilitation by acquiring skills and earning a positive community reputation, and that the Probation Officer's Report was favorable. In exercise of its discretion, the court determined that the interests of justice would be served by revising the remainder of the custodial sentence and substituting it with a 12-month probation order under supervision, rather than continued incarceration.
Court Disposition
sentence revised; custodial sentence substituted with probation order
Orders
- The remainder of the applicant's sentence is revised and substituted with an order that the convict shall serve 12 months on probation, to be supervised by the Probation Officer, Vihiga County.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 86 OF 2018
(CORAM: R. E. ABURILI - J.)
SILVESTER MAGANGA ALIAS BABU....................................APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
(Being an appeal against both the conviction and the sentence dated 15. 04. 2015 in Criminal Case No. 1131 of 2014 in Bondo Law Court before Hon. M.M. Nafula - SRM)
RULING OF THE COURT
I have considered the request for sentence review in this matter in line with Probation Officer’s Report dated and signed by Josiah Ongori Ondari, Probation Officer, Siaya. The Applicant is serving a 5year prison sentence for manslaughter. He was sentenced on 15/4/2015 and has so far served more than half of the prison sentence. He has learnt his lesson in prison. He has learnt to be a Mason and the community views him positively.
In the premises, I exercise my discretion and revise the remainder of the sentence and substitute it with an Order that the convict shall serve 12 months on Probation, to be supervised by the Probation Officer, Vihiga County.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okach: Prosecution Counsel for the State
Silvester Maganga Alias Babu: Applicant in person (present)
Court Assistant: Akida and Brenda