[2023] KEHC 27475 (KLR)
The court found that the applicant had previously failed to comply with a community service order. The sentence review report was not favourable to the applicant, and as a result, the court exercised its discretion to deny the application for review. The applicant was ordered to serve the custodial sentence as...
Source-derived case information.
- Citation
- [2023] KEHC 27475 (KLR)
- Parties
- Applicant: Willis Akoko Alias Boaz; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E051 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence review dismissed. Applicant to serve custodial sentence as imposed.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Non Compliance With Cso
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Willis Akoko Alias Boaz
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence under the Community Service Order provisions.
- 2 Whether the applicant's previous non-compliance with a community service order affects his eligibility for sentence review.
Ratio Decidendi
The court found that the applicant had previously failed to comply with a community service order. The sentence review report was not favourable to the applicant, and as a result, the court exercised its discretion to deny the application for review. The applicant was ordered to serve the custodial sentence as originally imposed, as his conduct demonstrated that he was not a suitable candidate for a non-custodial sentence under the Community Service Order provisions.
Court Disposition
Application for sentence review dismissed. Applicant to serve custodial sentence as imposed.
Orders
- The application for review of sentence is dismissed.
- The applicant shall serve his term in custody as previously ordered.
Full Case Text
Judgment text and source record
19 paragraphs
Akoko alias Boaz v Republic (Criminal Revision E051 of 2023) [2023] KEHC 27475 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27475 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E051 of 2023
MS Shariff, J
October 18, 2023
Between
Willis Akoko Alias Boaz
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Willis Akoko Alias Boaz was charged and convicted of the offence of stealing contrary to Section 268 as read with section 275 of the Penal Code in Kisumu CM’s Cr. Case No. E107 of 2023. He was sentenced on 23rd February, 2023 to serve 2 years imprisonment. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 14th August 2023 and I find that the same is not favourable to the Applicant.
3. The Applicant previously failed to comply with community service order wherefore he shall serve his term in custody.
5. This file is marked as closed.
Delivered, signed and dated at Kisumu this 18thday of October, 2023. MWANAISHA S. SHARIFFJUDGE