[2023] KEHC 3422 (KLR)
The court found that the applicant, having pleaded guilty to housebreaking and stealing, was properly sentenced to two years imprisonment. The presentence report indicated weak family and community ties, drug abuse, and repeated offending, with even the applicant's father supporting a custodial sentence for...
Source-derived case information.
- Citation
- [2023] KEHC 3422 (KLR)
- Parties
- Applicant: Erick Odhiambo Were; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Housebreaking, Plea of Guilty, Penal Code Section 304, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Odhiambo Were
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of his circumstances.
- 2 Whether the custodial sentence imposed was appropriate given the applicant's background and plea of guilty.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to housebreaking and stealing, was properly sentenced to two years imprisonment. The presentence report indicated weak family and community ties, drug abuse, and repeated offending, with even the applicant's father supporting a custodial sentence for rehabilitation. There was no error, illegality, or impropriety in the sentence imposed by the trial court. The application for sentence revision was therefore dismissed, and the applicant was ordered to serve the full custodial sentence.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- The applicant shall serve the full custodial sentence imposed by the trial court.
Full Case Text
Judgment text and source record
21 paragraphs
Were v Republic (Criminal Revision E011 of 2023) [2023] KEHC 3422 (KLR) (14 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3422 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E011 of 2023
RE Aburili, J
April 14, 2023
Between
Erick Odhiambo Were
Applicant
and
Republic
Respondent
Ruling
1. Erick Odhiambo Were was convicted and sentenced to serve two (2) years imprisonment for the offence of Housebreaking and stealing contrary to Section 304(1) (b) of the Penal Code; vide Maseno Senior Principal Magistrate’s Court Criminal Case No E087 of 2022 on May 10, 2022 on his own plea of guilty.
2. He applied for Sentence Revision of sentence on December 21, 2022. The original court file is available, but it has not been acted upon (dormant).
3. I have perused the trial court file and Presentence Report filed on April 26, 2022 by the Probation Officer, Ms Ivy Indeche of Maseno.
4. It is indicated that the Convict whose age is twenty nine (29) years has very weak ties with his family and community. He is single with no responsibility except to himself. He abuses drugs, has wrong company and frequently steals from his victim and the convict’s father believes that custodial sentence will help reform and rehabilitate his son who is a nuisance in the family and community.
5. I find the request for sentence review not merited. I dismiss the application and order that the Convict Erick Odhiambo Were serves full custodial sentence to be rehabilitated.
6. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF APRIL, 2023R. E. ABURILIJUDGE