Siambe v Republic [2022] KEHC 12817 (KLR)

Siambe v Republic (Criminal Revision E046 of 2022) [2022] KEHC 12817 (KLR) (8 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12817 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E046 of 2022

RE Aburili, J

August 8, 2022

Between

Jairus Siambe Siambe

Applicant

and

Republic

Respondent

(Being an Application seeking review of sentence, arising from conviction and sentence passed on 6/3/2018 in Ukwala PM Magistrates’ Court Criminal Case No. 16 of 2018)

Ruling

1. I direct the Principal Magistrate’s court, Ukwala to avail the lower court file for the court to peruse and appreciate the circumstances under which the offence of grievous harm was committed against the victim whom the Probation Officer’s Sentence Review Report does not name and neither does the report disclose the full sentence imposed on the convict Jairus Siambe Siambe.

2. In addition, the Probation Officer Geoffrey Mutoka did not interview the victim of the offence to appreciate the impact that the offence has had on him/her. A proper Sentence Review Report, including the Victim Impact Statement be filed for consideration.

3. Mention on 17/8/2022 to confirm availability of the lower court file and the comprehensive sentence review report covering the victim’s views on the proposed Community Service Order.

4. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE