Odhiambo v Republic [2023] KEHC 23937 (KLR) | Sentencing Revision | Esheria

Odhiambo v Republic [2023] KEHC 23937 (KLR)

Full Case Text

Odhiambo v Republic (Criminal Revision E079 of 2023) [2023] KEHC 23937 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23937 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E079 of 2023

RE Aburili, J

October 6, 2023

Between

Victor Odhiambo

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E174 of 2023 at Maseno)

Ruling

1. Victor Odhiambo is a convict in Maseno Senior Principal Magistrate Criminal Case No E174 of 2023 where he was convicted and sentenced to serve four (4) years imprisonment out of which he has served only about five (5) months now, for the offence of Burglary contrary to Section 304(2) of the Penal Code.

2. The sentence was imposed on May 22, 2023. The offence was committed against the Convict’s mother who according to the Sentence Review Report filed on August 23, 2023, is not willing to receive him back and that the community does not want to see him since he is a known criminal offender. His criminal peers have since been lynched and that he is likely to face the same punishment if he is released on non-custodial. He has no support structures due to his criminal tendencies in the community.

3. At the time of his arrest, he was abusing heroine and other drug substances and despite undergoing some drug rehabilitation at the Methadone clinic at JOOTRH, he experienced severe withdrawal symptoms at the time of arrest but he has now stabilised.

4. The Probation Officer does not recommend non-custodial.

5. In the premises, I decline to revise the sentence imposed on the convict Victor Odhiambo who shall serve the four (4) years imprisonment. He may however apply for review after serving 3/4 of the said sentence and the prison authorities will file a character and reformation report on the convict for consideration by the court.

6. I so order.

7. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE