[2022] KEHC 11540 (KLR)

[2022] KEHC 11540 (KLR)

The court found that the applicant, having served part of his sentence in custody and with a favorable probation report recommending community service, was eligible for release to serve the remainder of his sentence on community service order. The court applied section 333(2) of the Criminal Procedure Code to deduct...

Source-derived case information.

Citation
[2022] KEHC 11540 (KLR)
Parties
Applicant: Stanley Omusungu Ekisekere; Respondent: Republic
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Case Number
Criminal Revision E032 of 2022
Procedural Posture
Criminal Revision / Ruling
Outcome
Application allowed. Applicant to be released from custody to serve remainder of sentence on community service order.
Judges
JN Kamau
Legal Topics
Preparation to Commit Felony, Sentencing, Community Service Orders
Source Language
en
Criminal Law Preparation to Commit Felony Sentencing Community Service Orders

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Parties

Stanley Omusungu Ekisekere

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the applicant should be released from custody to serve the remainder of his sentence on community service order.
  2. 2 Whether the period spent in custody prior to sentencing should be considered in computing the sentence.

Ratio Decidendi

The court found that the applicant, having served part of his sentence in custody and with a favorable probation report recommending community service, was eligible for release to serve the remainder of his sentence on community service order. The court applied section 333(2) of the Criminal Procedure Code to deduct the period spent in custody from the total sentence and directed that the applicant serve the balance at Malaba Police Station under community service order.

Court Disposition

Application allowed. Applicant to be released from custody to serve remainder of sentence on community service order.

Orders

  • The applicant shall be released from custody to serve the remainder of his sentence, less the days between 10/2/2022 and 8/3/2022, on community service order at Malaba Police Station.