Otieno alias Felo v Republic [2023] KEHC 23874 (KLR)

Otieno alias Felo v Republic (Criminal Revision E065 of 2023) [2023] KEHC 23874 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23874 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E065 of 2023

RE Aburili, J

October 6, 2023

Between

Felix Kwawe Otieno Alias Felo

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Chief Magistrate Criminal Case No. E086 of 2023 at Kisumu)

Ruling

1. The Convict herein Felix Kwawe Otieno is serving three (3) years imprisonment for the offence of possession of suspected stolen goods namely two mobile phones Infinix Hot and Safaricom Neon.

2. He was convicted on his own plea of guilty on February 28, 2023 vide Kisumu Chief Magistrate Criminal No. E086 of 2023. His is 23 years old. He is said to be a habitual offender and that he stole cattle but the owner forgave him. He lives alone after leaving his home in Homabay and so he has no fixed abode. He pleaded guilty to the charge.

3. The Presentence report filed in court on February 27, 2023 did not recommend non-custodial sentence. He is unmarried and has no close family ties. He had a difficult upbringing with his father after his mother died and his father remarried.

4. The Probation Officer does not recommend non-custodial sentence although the convict is remorseful and his uncle pleaded that he be treated with leniency as he was ready to aid him in the rehabilitation and reintegration. His father is an alcoholic, and that the convict needs to be rehabilitated in prison because he is reported to be a habitual offender.

5. As the convict is unsuitable for non-custodial sentence, he will remain in prison for rehabilitation for a period of two (2) years upon which he can apply for review of his sentence if he will have reformed and depending on the character report filed by the Officer in-charge Prison, the court will consider revising the sentence.

6. I decline to revise the sentence imposed at this stage.

7. This file is closed.

8. I so order.

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