[2022] KEHC 12826 (KLR)
The court found that, despite the applicant's history as a habitual offender and initial negative recommendation for a non-custodial sentence, the applicant had demonstrated readiness for change, had support from his family, and the victims were willing to forgive him. The court considered the applicant's completion...
Source-derived case information.
- Citation
- [2022] KEHC 12826 (KLR)
- Parties
- Applicant: Alfred Odhiambo Agwet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E033 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Custodial sentence reviewed and substituted with community service order.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Community Service Orders, Habitual Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Odhiambo Agwet
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence.
- 2 Whether the applicant's status as a habitual offender precludes him from benefiting from a community service order.
Ratio Decidendi
The court found that, despite the applicant's history as a habitual offender and initial negative recommendation for a non-custodial sentence, the applicant had demonstrated readiness for change, had support from his family, and the victims were willing to forgive him. The court considered the applicant's completion of seven months of his sentence, his receipt of counselling, and the positive recommendation for a community service order in the Sentence Review Report. Balancing the interests of justice, rehabilitation, and family harmony, the court determined that the remainder of the applicant's sentence should be served as unpaid community service under supervision, rather than continued...
Court Disposition
Custodial sentence reviewed and substituted with community service order.
Orders
- The applicant Alfred Odhiambo Agwet shall be released forthwith to serve unpaid community service at Manywanda Police Post under close supervision of the Officer in Charge and the Probation Officer, Bondo, for the remainder of his prison term.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Agwet v Republic (Criminal Revision E033 of 2022) [2022] KEHC 12826 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12826 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E033 of 2022
RE Aburili, J
August 8, 2022
Between
Alfred Odhiambo Agwet
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E1731/2021 by Hon. J.P. Nandi, Principal Magistrate on 26/1/2022)
Ruling
1. The convict Alfred Odhiambo Agwet was convicted on his own plea of guilty for the offence of stealing contrary to section 275 of the Penal Code. He was sentenced to serve 12 months imprisonment. He has not appealed.
2. The Presentence report did not recommend him for a non-custodial sentence because he is a habitual offender - thief and has been jailed before. In addition, that he is deceitful and even gave wrong contacts for his family members to be interviewed.
3. In the Sentence Review Report filed on 2/8/2022, the convict was sentenced on 26/1/2022. He has served seven months imprisonment. He is 36 years old and with no wife or children. He stole from his own nephew. He is ready to serve non-custodial sentence and has a fixed abode and his family is ready to help him be reintegrated back into the society.
4. The victims of the offence are ready to forgive the convict for harmony to be maintained in the family. He has received counselling in prison. He is ready to change. CSO is recommended.
5. In the premises, I hereby order that the convict Alfred Odhiambo Agwet shall be released forthwith to serve unpaid community service at Manywanda Police Post under close supervision of the Officer in Charge and the Probation Officer, Bondo, for the remainder of his prison term.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE