VO v Republic [2023] KEHC 23939 (KLR)
Full Case Text
VO v Republic (Criminal Revision E084 of 2023) [2023] KEHC 23939 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23939 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E084 of 2023
RE Aburili, J
October 6, 2023
Between
VO
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E460 of 2023 at Nyando)
Ruling
1. The convict applicant herein VO was initially charged with the offence of Housebreaking and stealing. He was then 17 years old so he was send to the Shikusa Borstal Institution from where he absconded. He was then arrested and charged with the offence of being in possession of 20 litres of alcoholic drink namely, changaa.
2. He pleaded guilty and was placed on probation for three years. He however breached all the probationary terms from day one as he never reported to the probation office for supervision.
3. He was rearrested and sentenced to serve three (3) years imprisonment. he is 18 years old.
4. The Probation Officer’s Report was filed in this court on 23rd August 2023 and it is negative on the character of the convict who is said to be unsuitable for non-custodial sentence and that his parents and the community and leadership claim that if he is released from prison before he is rehabilitated, he will be killed as he is incorrigible and truant from a young age.
5. Having considered the serious indictment of the convict, I decline to revise the sentence imposed in Nyando SPM Criminal Case No. E460 of 2022 as he is a recidivist.
6. The convict has been in prison for barely three (3) months, let him be rehabilitated and should the prisons authorities find him suitable for non-custodial sentence at a later date and file a report in court after one (1) year in prison, the court will consider non-custodial sentence at that time.
7. The court having declined to revise the sentence imposed for the reasons contained in the Probation Officer’s report, this file is hereby closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE