[2016] KEHC 4768 (KLR)
The court found that the applicant had demonstrated rehabilitation through acquisition of skills and positive conduct as evidenced by the probation officer's report. Given the favourable report and the applicant's suitability for community service, the court exercised its revisionary jurisdiction to substitute the...
Source-derived case information.
- Citation
- [2016] KEHC 4768 (KLR)
- Parties
- Applicant: Eugene Amakobe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 279 of 2015
- Procedural Posture
- Miscellaneous Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; remaining custodial sentence substituted with community service order
- Judges
- AW Mwangi
- Legal Topics
- Sentencing Review, Community Service Orders, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eugene Amakobe
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the favourable probation officer's report.
- 2 Whether the applicant is suitable for a community service order as an alternative to continued imprisonment.
Ratio Decidendi
The court found that the applicant had demonstrated rehabilitation through acquisition of skills and positive conduct as evidenced by the probation officer's report. Given the favourable report and the applicant's suitability for community service, the court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a community service order at Bumaumau Secondary School. The decision was guided by the principles of rehabilitation and the appropriateness of non-custodial sentences for offenders who have shown positive change.
Court Disposition
sentence revised; remaining custodial sentence substituted with community service order
Orders
- The applicant shall serve the remainder of his sentence on Community Service at Bumaumau Secondary School.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT KAKAMEGA.
MISC. CRIMINAL REVISION NO. 279 OF 2015.
EUGENE AMAKOBE……………….…………………APPLICANT.
VERSUS
REPUBLIC………………………………………......RESPONDENT.
(Being a Revision from the order of Butere Principal Magistrate's Court Criminal Case No.422 of 2014 by Hon. E.S.Olwade, Principal Magistrate on 16th December, 2014. )
RULING ON REVISION.
1. The applicant herein Eugene Amakobe was charged with the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code. He was sentenced to serve 24 months imprisonment on 16th December, 2014.
2. A probation officer’s report on record dated 3rd December, 2015 indicates that the applicant has learnt agro-forestry skills in prison as well as carpentry. He has also undergone intensive guidance and counseling on self esteem.
3. The probation report being favourable to the applicant, I order that he serves his remaining sentence on Community Service at Bumaumau Secondary School.
It is so ordered.
DELIVERED, DATED and SIGNED at KAKAMEGAon this 30th day of May, 2016.
NJOKI MWANGI
JUDGE