[2023] KEHC 27474 (KLR)
The court found that the applicant had cumulatively served 2 years, 1 month, and 13 days (including remand and post-conviction imprisonment) out of a 4-year sentence for breaking into a building and committing a felony. The probation officer's report was favourable, and the court determined that further...
Source-derived case information.
- Citation
- [2023] KEHC 27474 (KLR)
- Parties
- Applicant: Robert Owino Gayo Alias Junior; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E042 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- sentence reviewed and substituted with community service order
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Remand Period Credit, Breaking and Entering
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Owino Gayo Alias Junior
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's sentence should be reviewed in light of the period already served and the remand period.
- 2 Whether a community service order is appropriate under the circumstances.
Ratio Decidendi
The court found that the applicant had cumulatively served 2 years, 1 month, and 13 days (including remand and post-conviction imprisonment) out of a 4-year sentence for breaking into a building and committing a felony. The probation officer's report was favourable, and the court determined that further incarceration was unnecessary. Pursuant to Section 3 of the Community Service Order No. 8 of 2018, the court substituted the remainder of the custodial sentence with a community service order, assigning the applicant to serve at Maseno Law Courts for 8 months under supervision.
Court Disposition
sentence reviewed and substituted with community service order
Orders
- The applicant's sentence is reviewed and substituted with a community service order for 8 months at Maseno Law Courts.
- The head of station at Maseno Law Courts shall supervise the applicant during the community service period.
Full Case Text
Judgment text and source record
17 paragraphs
Gayo alias Junior v Republic (Criminal Revision E042 of 2023) [2023] KEHC 27474 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27474 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E042 of 2023
MS Shariff, J
October 17, 2023
Between
Robert Owino Gayo Alias Junior
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein was charged and convicted of the offence of breaking into a building and committing a felony contrary to Section 306(a) of the Penal Code on 4th April, 2022. He was sentenced to serve 4 years imprisonment. Prior to his conviction the Applicant had been in remand for a period of 5 months. So far the Applicant has served a period of 1 year and 6 months of his sentence. The Applicant now seeks a review of his sentence.
2. I have considered the sentence review report filed herein on 23rd August, 2023 by the Kisumu West Sub-County Probation Officer one Caroline Oliech which is favourable to the Applicant and having taken into account the sentence period so far served and the remand period which cumulatively amounts to 2 years, 1 month and 13 days I do hereby review the Applicant’s sentence and I thus make a Community Service Order pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 and I hereby assign the Applicant community service duties at Maseno Law Courts for a period of 8 months. The head of station Maseno Law Courts to supervise the Applicant during that period.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 17THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE