[2022] KEHC 12580 (KLR)
The court declined to review the applicant's sentence because both the pre-sentencing and post-sentencing probation reports indicated that the applicant was not suitable for release on a community service order due to prevailing hostility in the community. The absence of a positive recommendation from the probation...
Source-derived case information.
- Citation
- [2022] KEHC 12580 (KLR)
- Parties
- Applicant: Charles Opondo Barasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E068 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision declined
- Judges
- JN Kamau
- Legal Topics
- Stealing Stock, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Opondo Barasa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be reviewed in light of the probation reports.
- 2 Whether the applicant is suitable for release on a community service order.
Ratio Decidendi
The court declined to review the applicant's sentence because both the pre-sentencing and post-sentencing probation reports indicated that the applicant was not suitable for release on a community service order due to prevailing hostility in the community. The absence of a positive recommendation from the probation officers was decisive. The court held that, in such circumstances, it would not be appropriate to substitute the custodial sentence with a community service order. The applicant was informed of his liberty to file a fresh application at a later, more appropriate time should circumstances change.
Court Disposition
application for revision declined
Orders
- The application for revision of sentence is declined.
- The applicant is at liberty to file a fresh application at another appropriate time.
Full Case Text
Judgment text and source record
17 paragraphs
Barasa v Republic (Criminal Revision E068 of 2022) [2022] KEHC 12580 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12580 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E068 of 2022
JN Kamau, J
August 1, 2022
Between
Charles Opondo Barasa
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of stealing stock contrary to section 278 of the Penal Code. He was arraigned in court on February 21, 2022 when he pleaded guilty to the charge. He was sentenced to three (3) years imprisonment on March 10, 2022.
2. The report by Esiromo G Oduya Probation Officer dated July 27, 2022 does not recommend the release of the applicant on community service order due to hostility in the community. This was the same finding of the pre-sentencing report of Dennis Kiptanui Probation Officer dated March 7, 2022. I therefore decline to review the sentence. The applicant is at liberty to file a fresh application at another appropriate time.Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J KAMAUJUDGE