[2022] KEHC 12819 (KLR)
The court found that the applicant, having served four months of a one-year sentence for entering a dwelling house with intent to commit a felony and handling suspected property, demonstrated remorse and willingness to perform community service. The recovery of stolen items and the applicant's ordinary residence in...
Source-derived case information.
- Citation
- [2022] KEHC 12819 (KLR)
- Parties
- Applicant: Geoffrey Odenyo Andai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E049 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Sentence reviewed; custodial sentence substituted with community service order for remainder of term.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Community Service Orders, Alternatives to Imprisonment, Handling Suspected Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Odenyo Andai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is eligible for a non-custodial sentence as an alternative to imprisonment.
- 2 Whether the period already served in prison justifies a review of the sentence to community service.
Ratio Decidendi
The court found that the applicant, having served four months of a one-year sentence for entering a dwelling house with intent to commit a felony and handling suspected property, demonstrated remorse and willingness to perform community service. The recovery of stolen items and the applicant's ordinary residence in Usenge supported the feasibility of a community service order. In line with the policy of prison decongestion and considering the short custodial sentence already partially served, the court determined that the applicant should serve the remainder of his sentence through unpaid community service at Usenge Police Station, under supervision, with the condition that any breach...
Court Disposition
Sentence reviewed; custodial sentence substituted with community service order for remainder of term.
Orders
- The convict Geoffrey Odenyo Andai shall be released forthwith to serve unpaid community service at Usenge Police Station for the remainder of the prison term, under close supervision of the Officer Commanding Station (OCS), Usenge Police Station.
- In case of breach of the community service order, the convict shall be returned to court for cancellation of the CSO order and the prison term shall revert from the date of this order.
Full Case Text
Judgment text and source record
24 paragraphs
Andai v Republic (Criminal Revision E049 of 2022) [2022] KEHC 12819 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12819 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E049 of 2022
RE Aburili, J
August 8, 2022
Between
Geoffrey Odenyo Andai
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence by Hon. S.W. Mathenge, Resident Magistrate on 7/4/2022 in Bondo PM Magistrates’ Court Criminal Case No. E154 of 2021)
Ruling
1. From the Sentence Review Report filed on 2/8/2022, the convict left his home in Kakamega County many years ago, relocated to Busia County and finally, he settled in Usenge Market where he carries out fishing activities.
2. Although the Report states that the convict’s permanent residence is not clear, it is obvious that he ordinarily resides in Usenge where he ekes a living and where he is willing to perform community service, given an opportunity. This country called Kenya is big and a person can reside anywhere.
3. The applicant was convicted and sentenced for the offence of entering a dwelling house with intent to commit a felony contrary to Section 305(1) of the Penal Code and the alternative charge of handling suspected property contrary to Section 322(2) of the Penal Code.
4. The convict is remorseful. The victim is unforgiving. However, the stolen items were recovered.
5. I find that the convict can benefit from alternatives to imprisonment in view of the short sentence imposed. He has already served 4 months imprisonment of the one year.
6. In the spirit of prison decongestion, I hereby order that the convict Geoffrey Odenyo Andai shall be released forthwith to serve unpaid community service at Usenge Police Station for the remainder of the prison term, under close supervision of the Officer Commanding Station (OCS), Usenge Police Station and in case of breach, he shall be returned to court for cancellation of the CSO order for the prison term to revert from the date of this order.
7. I so order.
8. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE