Magero v State [2022] KEHC 11762 (KLR)

Magero v State (Criminal Revision 71 of 2022) [2022] KEHC 11762 (KLR) (12 July 2022) (Ruling)

Neutral citation: [2022] KEHC 11762 (KLR)

Republic of Kenya

In the High Court at Kisii

Criminal Revision 71 of 2022

REA Ougo, J

July 12, 2022

Between

Hillary Onyancha Magero

Applicant

and

State

Respondent

(From original conviction and sentence in Criminal Case No.2261 &1348 of 2016/2017 of the Principal Magistrate Court at Ogembo)

Ruling

1. Before me is an application to revise the orders issued by the Snr. Principal Magistrate on the 10/1/2022 in Ogembo Senior Principal Magistrate’s Court CMCC NO.2261 of 2016 and Criminal Case.

2. The applicant was sentenced to serve 2 years’ imprisonment for the offence of stealing, 1 year for each count of forgery and one year for making false document without authority.

3. The applicant has not appealed against the sentences. The said sentences are to run concurrently.

4. It is averred that the applicant is diabetic and that since he was jailed his health has deteriorated. The applicant is seeking the court’s discretion to revise the sentence on the above reason.

5. The application was opposed by the Respondent Mr. Mulati submitted that they support the finding of the court and that there was no illegality on the findings and the conviction and sentences were proper in law and that there is no medical report to support the application.

6. A perusal of the court proceedings and judgment clearly shows that the applicant went through a trial and he was properly convicted and the sentences provided were within the law as provided.

7. This court sought a probation report on the applicant. He is 54 years old and a father of 2 children. He is said to be a first offender and that the area chief has no objection if he is given a non-custodial sentence, that the complainant has forgiven him and that the organization is in the process of issuing new loans to those who insured out as a way of empowering women. Mr. Atinda recommends a non-custodial sentence of Community Service at Getenga Chief’s Camp.

8. The offences the applicant was convicted of and sentenced are serious offences and quite a number. In my view the applicant does not deserve a review of the sentence. Lastly though he claims that his health is deteriorating there is no medical report to indicate the status of his health. There are medical services offered in Prisons. I decline to grant the orders sought. Orders accordingly.

DATED, SIGNED AND DELIVERED AT KISII THIS 12TH DAY OF JULY 2022. R.E. OUGOJUDGEIn the presence of:Applicant AbsentMr. Kaino State Counsel ODPPMs. Aphline Court Assistant