[2023] KEHC 27463 (KLR)
The court found that the sentence review report was favourable to the applicant and that the statutory requirements for issuing a community service order were satisfied. Consequently, the court exercised its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018 to review the applicant's...
Source-derived case information.
- Citation
- [2023] KEHC 27463 (KLR)
- Parties
- Applicant: Churchil Otieno Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E054 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review allowed; custodial sentence substituted with community service order.
- Judges
- MS Shariff
- Legal Topics
- Sentencing Review, Community Service Order, Burglary, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Churchil Otieno Otieno
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 under the relevant law.
Ratio Decidendi
The court found that the sentence review report was favourable to the applicant and that the statutory requirements for issuing a community service order were satisfied. Consequently, the court exercised its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018 to review the applicant's custodial sentence and substitute it with a community service order for a period of four months at St. Paul’s Kanyakwar Primary School, with supervision by the head teacher and the Probation Officer, Kisumu.
Court Disposition
Application for sentence review allowed; custodial sentence substituted with community service order.
Orders
- The applicant's custodial sentence is reviewed and substituted with a community service order for four months at St. Paul’s Kanyakwar Primary School.
- The applicant shall be supervised by the head teacher of St. Paul’s Kanyakwar Primary School and the Probation Officer, Kisumu, during the period of community service.
Full Case Text
Judgment text and source record
18 paragraphs
Churchil Otieno Otieno v Republic (Criminal Revision E054 of 2023) [2023] KEHC 27463 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27463 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E054 of 2023
MS Shariff, J
October 18, 2023
Between
Churchil Otieno Otieno
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Churchil Otieno Otieno was charged and convicted of the offence of buglary contrary to Section 304 (2) and stealing contrary to section 279 (b) of the Penal Code in Kisumu CM’s Cr. Case No. E583 of 2022. He was sentenced on 22nd November, 2022 to imprisonment for a period of 2 years. 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 15th 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 St. Paul’s Kanyakwar Primary School for a period of 4 months.
3. The Applicant shall be supervised by the head teacher of St. Paul’s Kanyakwar Primary School and Probation Officer, Kisumu during the said period.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE