[2024] KEHC 8295 (KLR)
The court found that the applicant's circumstances, including her remorse, lack of criminal history, pregnancy, and responsibilities as a breadwinner, justified a non-custodial sentence. The legal framework under the Community Service Orders Act supports the imposition of a community service order for first...
Source-derived case information.
- Citation
- [2024] KEHC 8295 (KLR)
- Parties
- Applicant: Jane Akitela alias Atieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Lodwar
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E121 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Sentence reviewed; custodial sentence set aside and replaced with a community service order.
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Principles, Community Service Orders, Plea of Guilty, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Akitela alias Atieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant should be reviewed in light of her circumstances and the probation officer's recommendation.
- 2 Whether a community service order is appropriate given the applicant's status as a first offender, her remorse, and her responsibilities.
Ratio Decidendi
The court found that the applicant's circumstances, including her remorse, lack of criminal history, pregnancy, and responsibilities as a breadwinner, justified a non-custodial sentence. The legal framework under the Community Service Orders Act supports the imposition of a community service order for first offenders convicted of misdemeanours. The probation officer's report, which recommended community service and counselling for anger management, was persuasive. The court held that a custodial sentence was unnecessary and that a community service order at Kanamkemer Primary School for one week, with mandatory counselling, was the appropriate and effective measure to achieve...
Court Disposition
Sentence reviewed; custodial sentence set aside and replaced with a community service order.
Orders
- The applicant shall serve a community service order for one week at Kanamkemer Primary School.
- The probation officer shall ensure the applicant undergoes professional counselling for anger management.
Full Case Text
Judgment text and source record
23 paragraphs
Akitela v Republic (Criminal Revision E121 of 2024) [2024] KEHC 8295 (KLR) (11 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8295 (KLR)
Republic of Kenya
In the High Court at Lodwar
Criminal Revision E121 of 2024
RN Nyakundi, J
July 11, 2024
Between
Jane Akitela alias Atieno
Applicant
and
Republic
Respondent
Ruling
Before R. NyakundiMr. Yusuf for the state 1. The applicant was charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal code.
2. The applicant pleaded guilty to the offence and was convicted on his own plea of guilty. As a consequence, she was sentenced to a fine of ten thousand and in default 6 months imprisonment.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.
4. The applicant seeks a sentence review based on the sentence review report on record. The report is responsive. According to the report, the applicant is disciplined and she needs guidance on how to handle anger issues. The report indicated that she is heavily pregnant and needs proper attention. That she is the bread winner of her family and she has kids to look after. She is remorseful for his actions and seeks lenience. With these facts, the probation officer recommended a community service order at Kanamkemer Primary School for a period of 7 days.
5. In determining whether to impose a custodial or non-custodial sentence, the court is required to take into account the following factors: -a)Gravity of the offence: - sentence of imprisonment should be avoided for misdemeanour.b)Criminal history of the offender. Taking into account the seriousness of the offences, first offenders should be considered for non-custodial sentence.c)Character of the offender: - non-custodial sentence are best suited for offenders who are already remorseful and receptive to rehabilitative measures.d)Protection of the community: - where the offender is likely to pose a threat to the community.e)Offender’s responsibility to third parties: - where there are people depending on the offender.
6. Further to the aforementioned, the Community Service Orders Act makes it possible for courts to issue an order requiring the offender to perform community service. This option is available to court when the offender is convicted of an offence punishable by imprisonment for a term not exceeding three years or imprisonment for a term exceeding three years but for which the court determines that any of that term as would be appropriate be served within the community on unpaid public works.
7. Having gone through the facts of the present case, the circumstances fit the legal framework of the Community Service Act as an alternative sentence to imprisonment. I am of the considered view that the circumstances of this case from the onset called for a non-custodial sentence to help the Applicant go through guidance and counselling on managing her anger issues. I believe a non-custodial sentence would be greatly benefit the applicant with proper guidance and counselling. Consequently, the effective measure as recommended by the probation officer is to have the applicant serve a community service order for a period of one week at Kanamkemer Primary School for purposes of guiding her on managing her anger issues. The probation officer has an obligation in ensuring that the applicant undergoes professional counselling to help her manage anger issues.
8. It is so ordered.
SIGNED, DATE AND DELIVERED AT LODWAR THIS 11THDAY OF JULY 2024. ...........................R. NYAKUNDIJUDGE