[2018] KEHC 1862 (KLR)
The court found that the appellant, being a first offender, remorseful, and recommended by the Probation Officer as suitable for community service, qualified for sentence revision. The court considered the appellant's personal circumstances, including his health, family responsibilities, and the minor nature of the...
Source-derived case information.
- Citation
- [2018] KEHC 1862 (KLR)
- Parties
- Appellant: DOO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 165 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence set aside and substituted with community service order
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Community Service Orders, First Offender Principle, Prison Decongestion Policy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DOO
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the appellant should be revised in light of his status as a first offender and other mitigating circumstances.
- 2 Whether community service is an appropriate substitute for the custodial sentence imposed.
Ratio Decidendi
The court found that the appellant, being a first offender, remorseful, and recommended by the Probation Officer as suitable for community service, qualified for sentence revision. The court considered the appellant's personal circumstances, including his health, family responsibilities, and the minor nature of the offence. In line with the judiciary's policy to decongest prisons and promote rehabilitation for minor offenders, the custodial sentence was set aside and substituted with a community service order at Got Osimbo Dispensary for six months under probation supervision.
Court Disposition
sentence revised; custodial sentence set aside and substituted with community service order
Orders
- The sentence imposed on the appellant is set aside.
- The appellant shall serve community service at Got Osimbo Dispensary for six months from the date of release under the supervision of the Probation Officer, Siaya County.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
HC. REV. NO. 165 OF 2018
(CORAM: R. E. ABURILI - J.)
DOO...............................................APPELLANT
VERSUS
REPUBLIC.................................RESPONDENT
(Being an Appeal seeking Sentence Revision against judgment delivered in 2018
in Criminal Case No. 342 of 2016 at Ukwala Law Courts, SRM’s Magistrate Court.)
RULING ON SENTENCE REVISION
1. The convict DOO was convicted and sentenced vide Ukwala SRM Cr. 342/2018 of the offence of intent to commit a felony contrary to Section 308(2) of the Penal Code. He was sentenced to serve 23 months. He started serving his sentence on 27/10/2018 which will end on 16/7/2020.
2. He has not challenged conviction and sentence. He however seeks for revision of his sentence on account that he was a first offender.
3. He regrets the incident and is remorseful, a sole bread winner for his family, suffers from TB and is fully reformed. Further, that he promises to be law abiding.
4. A Probation Officer’s report dated 15/11/2018 filed by Rose Gwaro, Probation Officer reveals that the convict is aged 33 years, married with 3 children, peasant farmer and hardworking.
5. He is however known for the habit of taking people’s items without their consent. The victim of the offence was not traced for the social inquiry.
The convict is however, willing to seek forgiveness from the victim and tell others not to get involved in crime.
6. The Probation Officer concludes that the convict is suitable for CSO at Got Osimbo Dispensary.
7. The court has considered all the forgoing and on recommendation of the Probation Officer and in the spirit of Prison Decongestion Policy of the Judiciary targeting minor offenders, I hereby allow the application for Sentence Review and I set aside the sentence imposed on the convict DOO and substitute it with an order that he shall serve Community Service at Got Osimbo Dispensary for a period of six (6) months from the date of release, under the supervision of the Probation Officer, Siaya County.
Orders accordingly.
Dated, Signed and Delivered at SIAYA this 21st Day of November 2018.
R.E. ABURILI
JUDGE