[2023] KEHC 27465 (KLR)
The court found that the sentence review report was favourable to the applicant and that the circumstances justified substituting the custodial sentence with a community service order. Exercising its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018, the court reviewed the original...
Source-derived case information.
- Citation
- [2023] KEHC 27465 (KLR)
- Parties
- Applicant: Boaz Onyango Atango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E103 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence reviewed and substituted with community service order
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boaz Onyango Atango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a community service order.
Ratio Decidendi
The court found that the sentence review report was favourable to the applicant and that the circumstances justified substituting the custodial sentence with a community service order. Exercising its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018, the court reviewed the original sentence of one-year imprisonment and instead ordered the applicant to serve four months of community service at the Winam Probation Office, under supervision. The court considered the rehabilitative purpose of sentencing and the applicant's suitability for non-custodial measures as evidenced by the probation report.
Court Disposition
sentence reviewed and substituted with community service order
Orders
- The applicant's sentence of one-year imprisonment is reviewed and substituted with a community service order for four months at Winam Probation Office.
- The applicant shall be supervised by the Probation Officer, Winam.
Full Case Text
Judgment text and source record
18 paragraphs
Atango v Republic (Criminal Revision E103 of 2023) [2023] KEHC 27465 (KLR) (23 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27465 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E103 of 2023
MS Shariff, J
October 23, 2023
Between
Boaz Onyango Atango
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Boaz Onyango Atango was charged and convicted of the offence of stealing contrary to section 268 (i) as read with Section 275 of the Penal Code in Winam SPM’s Cr. Case No. E166 of 2023. He was sentenced on 30th June, 2023 to imprisonment for a period of 1 year. 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 11th August, 2023 and I find that the same is favourable to the Applicant. I thus pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 hereby review the Applicant’s sentence and I do hereby issue a Community Service Order assigning him community service work at Winam Probation Office for a period of 4 months.
3. The Applicant shall be supervised by the Probation Officer, Winam.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 23RD DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE