[2021] KEHC 5626 (KLR)
The court found that the applicant was lawfully convicted and sentenced to one year imprisonment for stealing by servant. Having served most of his sentence, demonstrated remorse, acquired skills, and received forgiveness from the victim, the applicant's circumstances justified consideration for a Community Service...
Source-derived case information.
- Citation
- [2021] KEHC 5626 (KLR)
- Parties
- Applicant: Benard Okwiri Agwindu alias Ben; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E039 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised to community service order for remainder of term
- Judges
- RE Aburili
- Legal Topics
- Stealing by Servant, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Okwiri Agwindu alias Ben
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed for stealing by servant was lawful and appropriate.
- 2 Whether the convict qualifies for a Community Service Order under Section 3(1) of the Community Service Order Act.
Ratio Decidendi
The court found that the applicant was lawfully convicted and sentenced to one year imprisonment for stealing by servant. Having served most of his sentence, demonstrated remorse, acquired skills, and received forgiveness from the victim, the applicant's circumstances justified consideration for a Community Service Order. The sentence imposed falls within the scope of Section 3(1) of the Community Service Order Act. The court exercised its discretion to revise the sentence, ordering that the applicant serve the remainder of his term as unpaid community service at the Chief’s Office, Central Uyoma Location, effective upon release from prison.
Court Disposition
sentence revised to community service order for remainder of term
Orders
- The convict Bernard Okwiri Agwindu shall serve unpaid Community Service at the Chief’s Office, Central Uyoma Location, for the remainder of his prison term effective the date of release from prison upon service of this order.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION E039 OF 2021
BENARD OKWIRI AGWINDUALIAS BEN.........................................APPLICANT
VERSUS
REPUBLIC...............................................................................................RESPONDENT
(Being an Application for Revision of sentence in Bondo PMCCRC 480 of 2019
on 11. 11. 2020 by Hon. J.P. Nandi - Principal Magistrate)
RULING ON REVISION
1. The Convict Bernard Okwiri Agwindu alias Ben was convicted of the offence of stealing by servant after a full trial. He was sentenced to serve one year imprisonment commencing 11. 11. 2020 by Hon. J.P. Nandi, Principal Magistrate, Bondo Law Courts.
2. The convict has not appealed against his conviction and sentence imposed. The proceedings were regularly conducted and the sentence imposed for stealing by servant contrary toSection 281 of the Penal Code was lawful and lenient. The Convict has now served about eight months imprisonment and is about to completed sentence.
3. The Probation Officers report filed on 11. 6.2021 by Ephemia Kidwoli says the convict has now acquired cooking skills, wished to train in catering and has been counselled while in Prison. He is willing to perform unpaid Community Service. He is aged 27 years old. He is remorseful and his relatives, are willing to empower him to eke a decent living. The victim was his uncle who is said to have forgiven the convict.
4. As the Convict was sentenced to serve one (1) year imprisonment which he is due to complete and as this sentence falls within the purview of Section 3 (1) of the Community Service Order Act, I order that the convict Bernard Okwiri Agwindu shall serve unpaid Community Service at the Chief’s Office, Central Uyoma Location, for the remainder of his prison term effective the date of release from prison upon service of this order.
5. File closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 24TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE