[2019] KEHC 2758 (KLR)
The court found that although the sentence of two years' imprisonment was lawful and lenient compared to the statutory maximum of seven years, the applicant was a first offender, had shown remorse, and most of the stolen property was recovered. The trial court ought to have called for a probation officer's report to...
Source-derived case information.
- Citation
- [2019] KEHC 2758 (KLR)
- Parties
- Applicant: Wycliff Owuor Owondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 52 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence and Conviction
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Plea of Guilty, First Offender, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliff Owuor Owondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence and Conviction
Legal Issues
- 1 Whether the sentence imposed on the applicant was appropriate given he was a first offender.
- 2 Whether the trial court erred by not calling for a probation officer's report before sentencing.
- 3 Whether the applicant should benefit from an alternative sentence such as community service.
Ratio Decidendi
The court found that although the sentence of two years' imprisonment was lawful and lenient compared to the statutory maximum of seven years, the applicant was a first offender, had shown remorse, and most of the stolen property was recovered. The trial court ought to have called for a probation officer's report to assess the suitability of a non-custodial sentence. Given the applicant's circumstances and the state of prison congestion, the High Court determined that a community service order was more appropriate. The custodial sentence was therefore revised and substituted with a one-year community service order at Bondo Law Courts under supervision.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of two years' imprisonment is revised and substituted with a community service order.
- The applicant, Wycliff Owuor Owondo, shall serve unpaid community service at Bondo Law Courts for one year from the date of release under supervision of the Probation Officer and Executive Officer, Bondo Law Courts.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 52 OF 2019
WYCLIFF OWUOR OWONDO.................................................APPLICANT
VERSUS
REPUBLIC.................................................................................RESPONDENT
(Being an application for revision of Sentence and Conviction in Bondo
CR Case No. 359 of 2019. dated 17. 6.2019 before E.N. Wasike - SRM).
RULING
1. The Applicant/Convict WYCLIFF OWUOR OWONDOwas convicted and sentenced to serve 2 years imprisonment on his own plea of guilty for the offence of Church breaking and committing a felony contrary to section 306(a) of the Penal Code. This was vide Bondo P.M. Cr. Case No. 359 of 2019.
2. He has not appealed and seeks for sentence review by his application on 11. 9.2019. The conviction was on 14. 6.2019.
3. The Probation Officer was not able to trace the Convict who is said to have been transferred to Rachuonyo G.K. Prisons from Siaya G.K. Prisons.
4. This revision application must be determined within 90 days of the date of filing. The Lower Court record is present and it shows that the Convict was a first Offender. He stated in his mitigation that he is willing to pay for the stolen chairs.
5. The sentence meted out was lawful and lenient as the maximum is seven years, the theft took place in a Maranatha Church and 20 of the chairs stolen were recovered.
6. The trial Court should have called for a Probation Officer’s report to inform it on the Convict’s antecedents since he was a first offender, to enable the Court determine the appropriate sentence to be meted out.
7. In his application he pleads for leniency and says he is remorseful.
8. Having considered the above facts, I am of the view that the Convict would have benefitted from an alternative sentence.
9. That being the case, and as the sentence imposed is short considering the fact that our prisons are full, I revise the 2 years imprisonment and substitute it with Community Service Order. The convict WYCLIFF OWUOR OWONDOshall be released to serve unpaid Community Service at BONDO LAW COURTS for a period of one year from the date of release under close supervision of the Probation Officer, Bondo and the Executive Officer, Bondo Law Courts.
10. Orders accordingly.
Dated, Signed and Delivered at Siaya this 6th Day of November, 2019.
R. E. ABURILI
JUDGE