[2023] KEHC 23939 (KLR)
The court declined to revise the custodial sentence because the applicant, despite being a young offender, had demonstrated incorrigibility by breaching probation from the outset, absconding from a borstal institution, and being deemed unsuitable for non-custodial sentence by the probation officer. The court gave...
Source-derived case information.
- Citation
- [2023] KEHC 23939 (KLR)
- Parties
- Applicant: VO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E084 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence declined; file closed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Probation Breach, Recidivism, Juvenile Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VO
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of his age and probation officer's report.
- 2 Whether the applicant is suitable for a non-custodial sentence given his history of absconding and recidivism.
Ratio Decidendi
The court declined to revise the custodial sentence because the applicant, despite being a young offender, had demonstrated incorrigibility by breaching probation from the outset, absconding from a borstal institution, and being deemed unsuitable for non-custodial sentence by the probation officer. The court gave weight to the negative probation report, the applicant's recidivist conduct, and the risk of harm to the applicant if released prematurely, as indicated by the community's stance. The court held that rehabilitation within the prison setting was appropriate at this stage, but left open the possibility of reconsidering a non-custodial sentence after one year if the applicant's...
Court Disposition
application for revision of sentence declined; file closed
Orders
- Application for revision of sentence is declined.
- File is hereby closed.
Full Case Text
Judgment text and source record
24 paragraphs
VO v Republic (Criminal Revision E084 of 2023) [2023] KEHC 23939 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23939 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E084 of 2023
RE Aburili, J
October 6, 2023
Between
VO
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E460 of 2023 at Nyando)
Ruling
1. The convict applicant herein VO was initially charged with the offence of Housebreaking and stealing. He was then 17 years old so he was send to the Shikusa Borstal Institution from where he absconded. He was then arrested and charged with the offence of being in possession of 20 litres of alcoholic drink namely, changaa.
2. He pleaded guilty and was placed on probation for three years. He however breached all the probationary terms from day one as he never reported to the probation office for supervision.
3. He was rearrested and sentenced to serve three (3) years imprisonment. he is 18 years old.
4. The Probation Officer’s Report was filed in this court on 23rd August 2023 and it is negative on the character of the convict who is said to be unsuitable for non-custodial sentence and that his parents and the community and leadership claim that if he is released from prison before he is rehabilitated, he will be killed as he is incorrigible and truant from a young age.
5. Having considered the serious indictment of the convict, I decline to revise the sentence imposed in Nyando SPM Criminal Case No. E460 of 2022 as he is a recidivist.
6. The convict has been in prison for barely three (3) months, let him be rehabilitated and should the prisons authorities find him suitable for non-custodial sentence at a later date and file a report in court after one (1) year in prison, the court will consider non-custodial sentence at that time.
7. The court having declined to revise the sentence imposed for the reasons contained in the Probation Officer’s report, this file is hereby closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE