[2016] KEHC 5487 (KLR)
The court declined to revise the applicant's custodial sentence after considering the probation officer's report, which indicated that the applicant required further rehabilitation in custody and that the community remained hostile towards him. The court found no sufficient grounds to interfere with the sentence...
Source-derived case information.
- Citation
- [2016] KEHC 5487 (KLR)
- Parties
- Applicant: Stephen Ambali Rajj; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 291 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Application for revision of sentence declined.
- Judges
- AW Mwangi
- Legal Topics
- Sentencing Revision, Plea of Guilty, Probation Report, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ambali Rajj
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the probation officer's report.
- 2 Whether the applicant is suitable for a non-custodial sentence.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence after considering the probation officer's report, which indicated that the applicant required further rehabilitation in custody and that the community remained hostile towards him. The court found no sufficient grounds to interfere with the sentence imposed by the trial court, emphasizing the importance of community safety and the applicant's need for continued rehabilitation.
Court Disposition
Application for revision of sentence declined.
Orders
- The applicant shall serve the remainder of his sentence in prison.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL REVISION NO. 291 OF 2015
STEPHEN AMBALI RAJJ ..............................................................APPLICANT
VERSUS
REPUBLIC ....................................................................................RESPONDENT
(Being a Revision from the order of Butere Principal Magistrate's Court Criminal Case No.178 of 2015 by Hon. M.I. Shimenga R.M on 1st September, 2015)
RULING ON REVISION
1. Stephen Ambali Rajj was charged with the offence of stealing contrary to section 275 of the Penal Code. He pleaded guilty to the charge and was convicted on his own plea of guilty. He was sentenced to serve 18 months imprisonment with effect from 1st September, 2015.
2. The matter was referred to this court for revision of the applicant's sentence in accordance with the provisions of section 364 of the Criminal Procedure Code Cap 75, Laws of Kenya.
3. A Probation Officer's report dated 3rd December, 2015 indicates that the applicant has undergone counseling and spiritual empowerment sessions in prison. He is also learning carpentry skills.
4. The Probation Officer notes that the applicant needs more rehabilitation while in custody. The said Officer's recommendation is that the applicant is not suitable for a non-custodial sentence as the community is still hostile towards him.
5. Having considered the probation report which is not favourable to the applicant, I decline to revise the sentence meted out him by the trial court.
6. The applicant shall therefore serve the remainder of his sentence in prison.
It is so ordered.
DELIVERED, DATEDandSIGNEDat KAKAMEGAon this 29th day of April, 2016.
NJOKI MWANGI
JUDGE