Aloo v Republic [2023] KEHC 21105 (KLR) | Sentencing Revision | Esheria

Aloo v Republic [2023] KEHC 21105 (KLR)

Full Case Text

Aloo v Republic (Criminal Revision E007 of 2023) [2023] KEHC 21105 (KLR) (27 July 2023) (Ruling)

Neutral citation: [2023] KEHC 21105 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E007 of 2023

DO Ogembo, J

July 27, 2023

Between

Denis Aloo

Applicant

and

Republic

Respondent

Ruling

1. The applicant, Dennis Oloo, has moved this court by way of application for revision filed herein on April 4, 2023. The applicant seeks that this court do review his sentence and give him an option of a fine or a non-custodial sentence. He had been sentence to serve 3 years imprisonment for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code.

2. He has pleaded that he is 60 years old and a sole breadwinner of his family of 2 wives and 11 children.

3. Prior to the court passing the sentence on the applicant, the court obtained a Probation Officer’s Presentence report. The same was negative with a recommendation that the applicant be kept away from the community for him to go through rehabilitation process. The said report captured in detail, the violent nature of the applicant.

4. Section 354 (3)(ii) of the Criminal Procedure Code, declares the powers of this court on revision to include;…..alter the finding, maintaining the sentence, or without altering the finding, reduce or increase the sentence..”

5. The facts and circumstances of this case and the information contained in the Presentence Report, this court has no doubt as to the fact that the applicant deserves a custodial sentence. However, I find the sentence meted out of 3 years’ imprisonment rather excessive in the circumstances.

6. I accordingly revise the sentence of the applicant herein and reduce the same. The applicant is sentenced to serve 2 years imprisonment.

7. This sentence shall run from the date applicant was sentenced by the trial court on March 29, 2023. Right of Appeal explained to applicant.

Dated, signed and Delivered at Siaya this 27thDay of July, 2023D.O. OGEMBOJUDGE27. 7. 2023Court:Ruling read out in Open court in the presence of the accused/applicant and Ms. Mumu for the State.D.O. OGEMBOJUDGE27. 7.2023