[2023] KEHC 19617 (KLR)
The court found that, although the applicant had pleaded guilty and was sentenced to six months imprisonment for creating disturbance, the probation officer's report recommended a non-custodial sentence. The court accepted this recommendation, holding that a Community Service Order was appropriate given the...
Source-derived case information.
- Citation
- [2023] KEHC 19617 (KLR)
- Parties
- Applicant: Edwin Angima; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E056 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence set aside; substituted with Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Plea of Guilty, Sentencing, Community Service Order, Breach of Peace
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Angima
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for creating disturbance was appropriate in light of the probation officer's recommendation.
- 2 Whether the applicant should serve a non-custodial sentence under a Community Service Order.
Ratio Decidendi
The court found that, although the applicant had pleaded guilty and was sentenced to six months imprisonment for creating disturbance, the probation officer's report recommended a non-custodial sentence. The court accepted this recommendation, holding that a Community Service Order was appropriate given the circumstances and the nature of the offence. The custodial sentence was set aside and replaced with a two-month Community Service Order at Mogweko sub-chief’s office under supervision.
Court Disposition
Custodial sentence set aside; substituted with Community Service Order.
Orders
- The applicant shall serve a Community Service Order at Mogweko sub-chief’s office under the supervision of the area assistant chief for a period of 2 months.
Full Case Text
Judgment text and source record
17 paragraphs
Angima v Republic (Criminal Revision E056 of 2023) [2023] KEHC 19617 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19617 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E056 of 2023
WA Okwany, J
June 29, 2023
Between
Edwin Angima
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E180 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 29th March 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the Penal Code. The trial court sentenced him to serve 6 months imprisonment. The Report by Jackline C. Mwei the Probation Officer dated 13th June 2023 and filed on 14th June 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Mogweko sub-chief’s office under the supervision of the area assistant chief for a period of 2 months.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE