[2021] KEHC 5487 (KLR)
The court found that the original proceedings and sentence were regular and lawful. However, in light of the probation officer's subsequent report indicating the appellant's remorse and willingness to serve community service, and the recommendation for a community service order, the court exercised its revisionary...
Source-derived case information.
- Citation
- [2021] KEHC 5487 (KLR)
- Parties
- Appellant: David Aura Budube; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- custodial sentence revised to community service order
- Judges
- RE Aburili
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Aura Budube
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed on the appellant for assault causing actual bodily harm was lawful and appropriate.
- 2 Whether the circumstances justified revision of the custodial sentence to a community service order.
Ratio Decidendi
The court found that the original proceedings and sentence were regular and lawful. However, in light of the probation officer's subsequent report indicating the appellant's remorse and willingness to serve community service, and the recommendation for a community service order, the court exercised its revisionary jurisdiction. The custodial sentence was substituted with a strictly supervised three-month community service order at Ratuoro Dispensary, effective from the date of release, as a more appropriate and rehabilitative sanction under the circumstances.
Court Disposition
custodial sentence revised to community service order
Orders
- The convict David Aura Budube shall serve three months unpaid and strictly supervised community service at Ratuoro Dispensary with effect from the date of release.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION E018 OF 2021
DAVID AURA BUDUBE......................APPELLANT
VERSUS
REPUBLIC.......................................RESPONDENT
(Being an Application for Revision of sentence in Siaya SPMCRC E245 of 2021 on 18. 03. 2021 by Hon. Lester Simiyu, Principal Magistrate)
RULING ON REVISION
1. The Convict David Aura Budube was charged with the offence of Assault Causing Actual Bodily Harm Contrary to Section 251 of the Penal Code. He was accused of assaulting Viona Anyango Omondi occasioning her actual bodily harm, on 5. 3.2021 at Bar Olengo in Siaya County. He is aged 32 years old. He lives with his mother and is the only surviving child of his parents as all his siblings died. He dropped out of school in class six and engages in casual labour. He assaulted his employer after disagreeing with her over his dues upon him working for her.
2. Before he was sentenced, a Presentence Report dated 18. 1.2021 by Mr. David Odumba showed that he was not candid and gave home directions that that led to nowhere. Even the phone contacts that he gave as belonging to his mother was not going through. He was sentenced to a fine of KShs.20,000/= in default to serve 6 months imprisonment as 18. 3.2021 by Hon. Lester Simiyu, Principal Magistrate, Siaya.
3. I have perused the proceedings and I find no irregularity in the plea of guilty which was unequivocal. The sentence imposed was lawful and lenient. However, the Probation Officer Mr. Ochieng Ogolla Managed to trace the convict’s mother and neighbours and other relatives. He states that he interviewed the convict who is remorseful and willing to serve unpaid Community Service and apologize to the victim. He recommends for Community Service Order (CSO) at Kadenge Dispensary. As stated earlier, the proceedings were regularly conducted by the trial magistrate and the sentence imposed was lenient and lawful.
4. The convict has served two months of the six months imprisonment imposed as he has not raised the fine imposed. I invoke Section 3 of the Section of Actand Order that the convict David Dura Budube shall serve three months unpaid and strictly supervised community serve at Ratuoro Dispensary with effect from the date of release.
5. File closed.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya this 24th day of June, 2021
R.E. ABURILI
JUDGE