[2016] KEHC 4740 (KLR)
The court found that the applicant had demonstrated rehabilitation through participation in agricultural training and counseling, as evidenced by the probation report. Given the positive assessment, the court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a six-month...
Source-derived case information.
- Citation
- [2016] KEHC 4740 (KLR)
- Parties
- Applicant: Albert Inyundo; Applicant: Malika Akhonya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 187 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Sentence revised; custodial sentence substituted with six months community service.
- Judges
- AW Mwangi
- Legal Topics
- Burglary, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Albert Inyundo
Applicant
Malika Akhonya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the favourable probation report.
- 2 Whether the applicant is suitable for a non-custodial sentence under community service.
Ratio Decidendi
The court found that the applicant had demonstrated rehabilitation through participation in agricultural training and counseling, as evidenced by the probation report. Given the positive assessment, the court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a six-month community service order, holding that the interests of justice and rehabilitation would be better served by a non-custodial sentence.
Court Disposition
Sentence revised; custodial sentence substituted with six months community service.
Orders
- The applicant shall serve a term of six months under Community Service effective from the date of the ruling.
- The applicant shall be set at liberty unless otherwise lawfully held after the six months of Community Service.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT KAKAMEGA.
CRIMINAL REVISION NO. 187 OF 2015.
ALBERT INYUNDO
MALIKA AKHONYA....................................APPLICANTS
VERSUS
REPUBLIC..................RESPONDENT
(Being a Revision from the order of Butere Principal Magistrate's Court Criminal Case No.35 of 2014 by Hon. M.I. Shimenga, Resident Magistrate on 24th January, 2014. )
RULING ON REVISION
The applicant Albert Inyundo was charged with the offence of burglary contrary to section 304 (1) (a) and stealing contrary to section 279 (b) of the Penal Code. He pleaded guilty to the charge and he was convicted on his own plea of guilt. He was sentenced to serve three (3) years imprisonment on 24th January, 2014.
A probation report on record dated 3rd December, 2015 shows that the applicant has learnt how to intercrop and diversify farm produce in agriculture. He has also undergone counseling sessions.
The probation report being favourable to the applicant, I order that he serves a term of six (6) months under Community Service effective from today’s day.
The applicant shall be set at liberty unless otherwise lawfully held after the six (6) months of Community Service.
It is so ordered.
DELIVERED, DATED and SIGNED at KAKAMEGAon this 27th day of May, 2016.
NJOKI MWANGI
JUDGE