[2013] KEHC 909 (KLR)
The court, having upheld the convictions on appeal and found the appellants suitable for non-custodial sentences, determined that community service or probation was appropriate based on the probation officer's reports. The absence of the original judge who delivered the appeal judgment did not preclude the current...
Source-derived case information.
- Citation
- [2013] KEHC 909 (KLR)
- Parties
- Appellant: Benard Bukhala; Appellant: Wickliffe Hizozo; Appellant: Nickson Kaziani; Appellant: Miheso Eric; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 108 of 2011
- Procedural Posture
- Criminal Appeal / Sentencing Ruling
- Outcome
- Sentences varied to community service or probation for remainder of prison terms, conditional on whether sentences already served.
- Legal Topics
- Sentencing, Community Service Orders, Probation, Appeal Outcomes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Bukhala
Appellant
Wickliffe Hizozo
Appellant
Nickson Kaziani
Appellant
Miheso Eric
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentencing Ruling
Legal Issues
- 1 Whether the appellants should be placed on community service orders or probation for the remainder of their sentences.
- 2 Whether the court can pronounce sentence based on probation officer reports after the appeal judgment was delivered by a different judge.
Ratio Decidendi
The court, having upheld the convictions on appeal and found the appellants suitable for non-custodial sentences, determined that community service or probation was appropriate based on the probation officer's reports. The absence of the original judge who delivered the appeal judgment did not preclude the current judge from pronouncing sentence, as both parties consented and the reports were available. The orders were tailored to each appellant's circumstances, with community service imposed for two appellants and probation for the other two, to be served for the remainder of their prison terms if not already completed.
Court Disposition
Sentences varied to community service or probation for remainder of prison terms, conditional on whether sentences already served.
Orders
- Benard Bukhala to perform community service at Shibuye Chief’s Camp for the remainder of his prison sentence.
- Wickliffe Hizozo to perform community service at Shibuye Chief Camp for the remainder of his prison term.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL APPEAL NO. 108 OF 2011
1. BENARD BUKHALA
2. WICKLIFFE HIZOZO…………………..…….………………. APPELLANTS
3. NICKSON KAZIANI
4. MIHESO ERIC
VERSUS
REPUBLIC …………………………………………………........RESPONDENT
RULING ON SENTENCE
In this matter involving four (4) appellants who appealed to the High Court, the High Court delivered its judgment on 18th December 2012. In the judgment, the court upheld conviction and found that the matter was suitable for the appellants to be placed on Community Service Orders under Section 3 (1) of the Community Service Orders Act. Sentence was therefore left for determination later.The court ordered that reports of the Probation Officer be filed in court to determine the appropriate sentence.
The reports of the Probation Officer were brought before me on 18th November, 2013. Mr. Akwala for the appellants and Mr. Oroni for the State, were all of the view that I pronounce the sentence, though the appeal judgment was delivered by Thuranira, J. who is now in Machakos.
I have perused the respective Probation Officer’s reports. Having done so, I order that if the appellants have not completed serving their prison sentences, they will to serve as follows –
Benard Bukhala will perform Community Service at Shibuye Chief’s Camp for the remainder of his prison sentence.
Wycliffe Hizozo will perform community service at Shibuye Chief Camp for the remainder of his prison term.
Nickson Kaziani is put on Probation for the remainder of his prison term.
Miheso Eric is put on Probation for the remainder of his prison sentence.
If the appellants have served their prison sentences, the above orders will not apply.
It is so ordered.
Dated and delivered at Kakamega this 21st day of November, 2013
George Dulu
J U D G E