[2022] KEHC 396 (KLR)
The court found that the sentence of 7 years imprisonment imposed on the applicant for the offence of preparation to commit a felony was lawful, falling well within the statutory maximum of fifteen years. The applicant had been convicted on his own plea of guilty, and the facts as read out to the court disclosed the...
Source-derived case information.
- Citation
- [2022] KEHC 396 (KLR)
- Parties
- Applicant: Emmanuel Owino Wamboya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E003 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Preparation to Commit Felony, Plea of Guilty, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Owino Wamboya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence of 7 years imprisonment for preparation to commit a felony was excessive or improper.
- 2 Whether the applicant's status as a first offender and sole breadwinner warranted a non-custodial sentence.
- 3 Whether there were any irregularities or impropriety in the conviction and sentencing proceedings.
Ratio Decidendi
The court found that the sentence of 7 years imprisonment imposed on the applicant for the offence of preparation to commit a felony was lawful, falling well within the statutory maximum of fifteen years. The applicant had been convicted on his own plea of guilty, and the facts as read out to the court disclosed the offence. The court noted that the applicant had not demonstrated any irregularity, impropriety, or illegality in the conviction or sentencing process. The applicant's mitigation was undermined by his dishonesty regarding his family circumstances. The court was not persuaded that the applicant had reformed sufficiently during the seven months already served to warrant a...
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
26 paragraphs
Wamboya v Republic (Criminal Revision E003 of 2022) [2022] KEHC 396 (KLR) (21 April 2022) (Ruling)
Neutral citation: [2022] KEHC 396 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E003 of 2022
RE Aburili, J
April 21, 2022
Between
Emmanuel Owino Wamboya
Applicant
and
Republic
Respondent
(An Application seeking sentence revision of sentence arising from Judgment, Conviction and sentence in PM’s Bondo Criminal Case No. E1139 of 2021)
Ruling
1. I have considered the application dated 4/4/2022 seeking for revision of sentence of 7 years imprisonment imposed on the applicant herein upon being convicted on his own plea of guilty for the offence of preparation to commit a felony contrary to section 308(1) of thePenal Code.
2. The applicant now seeks for revision of sentence, being a first offender and that he is the sole breadwinner for his parents who rely on him although he had lied to court in his mitigation that he was an orphan.
3. He also asks this court to consider fining him instead of a custodial sentence as imposed.
4. I have perused the grounds for Sentence Revision and the provisions of Sections 362-364 of the Criminal Procedure Code. I am not persuaded that the applicant deserves the orders sought. This is so because the sentence imposed is lawful and there are no irregularities or impropriety in the proceedings leading to the conviction and sentencing of the applicant.
5. The offence of preparation to commit a felony under Section 308(1) of Penal Code carries upto fifteen (15) years imprisonment, upon conviction.
6. The applicant, from the facts read out to court, was found in the process of breaking into the complainant’s shop. He was armed and the hour was wee - 3. 00 am. Although he claims that he is not challenging the sentence and is only praying for a lesser sentence, a non custodial one, and is said to be remorseful, I am unable to appreciate that a person who arms himself at 3 am and in the company of others proceeds to break a locked premises with the intention of committing a felony had reformed over a period of 7 months that he has been in prison, out of the 7 years imprisonment meted out on him.
7. In addition, the convict was given the opportunity to mitigate and what he did, from the trial record, was to lie that he was an orphan only for him now to change and say that he has parents who solely rely on him as a bodaboda rider to support them.
8. The facts as read out to the accused disclosed an offence. I find no reason to interfere with the lenient sentence imposed and out of which the convict has only served seven (7) months.
9. The application for sentence revision is hereby dismissed.
10. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF APRIL, 2022R.E. ABURILIJUDGE