[2020] KEHC 213 (KLR)
The court found that, considering the appellants' ages, the period already served in custody (more than half of the original 4-year sentence), and the favourable probation reports, there was a proper basis to disturb the custodial sentences imposed by the trial court. The judge exercised discretion to set aside the...
Source-derived case information.
- Citation
- [2020] KEHC 213 (KLR)
- Parties
- Appellant: Douglas Mokua; Appellant: Kevin Onserio; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 45 & 83 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Sentence
- Outcome
- sentence varied; custodial sentence set aside and substituted with community service orders
- Legal Topics
- Sentencing Review, Community Service Orders, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Mokua
Appellant
Kevin Onserio
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Sentence
Legal Issues
- 1 Whether the sentence of 4 years imprisonment imposed by the trial court should be disturbed on appeal.
- 2 Whether the appellants are suitable candidates for community service orders given their circumstances.
Ratio Decidendi
The court found that, considering the appellants' ages, the period already served in custody (more than half of the original 4-year sentence), and the favourable probation reports, there was a proper basis to disturb the custodial sentences imposed by the trial court. The judge exercised discretion to set aside the 4-year imprisonment and substituted it with community service orders for each appellant, specifying the duration and location for the service. The decision was guided by the principle that alternative sentences such as community service are appropriate where the offenders are suitable and the circumstances justify such leniency.
Court Disposition
sentence varied; custodial sentence set aside and substituted with community service orders
Orders
- The 1st appellant to serve community service for one year at Mesabisabi Chief’s Camp in respect of criminal case number 783 of 2017 and a further six months at the same station in respect of criminal case number 784 of 2017.
- The 2nd appellant to serve one year community service at Gesare Primary School in respect of criminal case number 783 of 2017 and a further six months at the same station in respect of criminal case number 784 of 2017.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO. 45 OF 2019
CONSOLIDATED WITH CRIMINAL APPEAL NO. 83 OF 2019
DOUGLAS MOKUA......................................................1ST APPELLANT
KEVIN ONSERIO.........................................................2ND APPELLANT
VERSUS
REPUBLIC.........................................................................RESPONDENT
(Appeal from the original conviction and sentence in Criminal Case No.s 783 of 2019 and 784 of 2019 respectively, of the Kilgoris Principal Magistrate’s Court)
RULING
I have considered the pleas by the appellants on sentence. I have considered their ages and the fact that they have served more than half of the 4 years imprisonment imposed. I have had due regard to the probation reports filed in respect of each of the appellants.
In the circumstances of this case, I am satisfied that a proper basis is laid to disturb the sentence meted out by the trial court. I set aside the sentence of 4 years and substitute it thereof with sentences under community service for each of the accused to be served as follows;
1. The 1st appellant to serve community service for one (1) year at Mesabisabi Chief’s Camp in respect of criminal case number 783 of 2017 and to serve a further six (6) months under community service at the same station in respect of criminal case number 784 of 2017.
2. The 2nd appellant to serve one (1) years community service at Gesare Primary School in respect of criminal case number 783 of 2017 and a further six (6) moths in respect of criminal case number 784 of 2017 in the same station.
Dated and delivered at Kisii this 13th day of February 2020.
A.K NDUNG’U
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Appellants in person