[2022] KEHC 12811 (KLR)
The court found that the applicant, having shown remorse and with a positive sentence review report, qualifies for a non-custodial sentence. The Probation Officer's recommendation for community service, the applicant's family circumstances, and his willingness to reform justified revising the custodial sentence to a...
Source-derived case information.
- Citation
- [2022] KEHC 12811 (KLR)
- Parties
- Applicant: Benard Njisii Eshula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E034 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Custodial sentence revised to community service order.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Stealing by Servant, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Njisii Eshula
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the positive sentence review report.
- 2 Whether the applicant qualifies for a non-custodial sentence in the form of community service.
Ratio Decidendi
The court found that the applicant, having shown remorse and with a positive sentence review report, qualifies for a non-custodial sentence. The Probation Officer's recommendation for community service, the applicant's family circumstances, and his willingness to reform justified revising the custodial sentence to a community service order. The court exercised its discretion to release the applicant from prison to serve four months of closely supervised unpaid community service at Khwisero High School under probation supervision.
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant Benard Njisii Eshula shall be released from prison forthwith to serve closely supervised unpaid community service at Khwisero High School for four months under the supervision of the Probation Officer, Butere.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Eshula v Republic (Criminal Revision E034 of 2022) [2022] KEHC 12811 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12811 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E034 of 2022
RE Aburili, J
August 8, 2022
Between
Benard Njisii Eshula
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E028/2022 by Hon. J.P. Nandi, Principal Magistrate on 19/1/2022)
Ruling
1. The convict Benard Njisii Eshula was convicted on his own Plea of guilty for the offence of stealing by servant and sentenced to serve 12 months imprisonment.
2. Initially, the Presentence report was negative on non-custodial sentence. However, the Sentence Review Report filed in court on 2/8/2022 is positive on the convict who is said to be remorseful and regrets the offence. He has a family dependent on him comprising a wife and three children. His wife just delivered a new born. His family is ready to receive him and assist him settle. He is a painter and stole from his employer.
3. The Probation Officer recommends community service at Khwisero High School.
4. Having considered the Sentence Review report on the convict, I hereby order that the convict Benard Njisii Eshula shall be released from prison forthwith to serve closely supervised unpaid community service at Khwisero High School fom the date of his release, for a period of four (4) months, under the supervision of The Probation Officer, Butere.
5. File closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE