Cliff Kibagendi Mogeni Vs Republic [2004] KEHC 752 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL REVISION NO. 8 OF 2004 (From original conviction and sentence of the RM’s court at Keroka in criminal case No.836 of 2004)

CLIFF KIBAGENDI MOGENI ………………………………………… APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT RULING:

The applicant asks court to review sentence of 6 months imprisonment meted out to him for the offence of stealing c/s 275 Penal Code. He pleaded guilty and was sentenced to 6 months imprisonment.

Before sentencing the learned magistrate asked for a probation report, which was presented to him. The report for the applicant was not favourable. He is said to have lived a life of crime. He dropped from school in std.5 due to involment in crime. He later was committed to Borstal Institution at Shikusa.

In July this year he was charged of stealing his father’s iron sheet. The magistrate was right in sentencing him to 6 months imprisonment. His record is no good.

I therefore decline to review the sentence and dismiss his application.

Dated at Kisii this 18th November 2004. KABURU BAUNI

JUDGE18/11/04