[2024] KEHC 3913 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for assault causing actual bodily harm, was suitable for community service as recommended by the probation officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence...
Source-derived case information.
- Citation
- [2024] KEHC 3913 (KLR)
- Parties
- Applicant: Simon Gathoga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E148 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised to community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Assault Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Gathoga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for assault causing actual bodily harm, was suitable for community service as recommended by the probation officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Nyakinyua Primary School for six months, in the interest of decongesting prison and promoting rehabilitation.
Court Disposition
sentence revised to community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Nyakinyua Primary School for six months.
Full Case Text
Judgment text and source record
22 paragraphs
Gathoga v Republic (Revision Case E148 of 2024) [2024] KEHC 3913 (KLR) (23 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3913 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E148 of 2024
HM Nyaga, J
April 23, 2024
Between
Simon Gathoga
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of:Count IAssault causing actual bodily harm Contrary to section 251 of the Penal Code.The particulars are that;On the 15th day of December, 2023 at Nyakinyua Village in Kuresoi North Sub County within Nakuru County unlawfully assaulted Kyle Mwangi thereby occasioning him actual bodily harm.
3. He pleaded guilty and he was sentenced to; Pay a fine of Kshs. 100,000/= in default three one (1) year in jail.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Nyakinyua Primary School.
6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Nyakinyua Primary School for six (6) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RDDAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state