[1998] KEHC 150 (KLR)
The court found that the appellant, being a first offender, elderly, sickly, and having made restitution, was a suitable candidate for a non-custodial sentence. The custodial sentence of 24 months imprisonment was therefore inappropriate in the circumstances. The court exercised its discretion to substitute the...
Source-derived case information.
- Citation
- [1998] KEHC 150 (KLR)
- Parties
- Appellant: George Demus Ooko Odenyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 488 of 1998
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed; custodial sentence set aside; probation ordered
- Judges
- JL Osiemo
- Legal Topics
- False Pretence, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Demus Ooko Odenyo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the custodial sentence imposed on the appellant was appropriate given the circumstances.
- 2 Whether a non-custodial sentence should be substituted for the custodial sentence.
Ratio Decidendi
The court found that the appellant, being a first offender, elderly, sickly, and having made restitution, was a suitable candidate for a non-custodial sentence. The custodial sentence of 24 months imprisonment was therefore inappropriate in the circumstances. The court exercised its discretion to substitute the custodial sentence with a probation order, emphasizing rehabilitation over incarceration where justified by the facts.
Court Disposition
appeal allowed; custodial sentence set aside; probation ordered
Orders
- The appeal is allowed.
- The sentence of 24 months imprisonment is set aside.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 488 OF 1998
(From Original Conviction/Sentence and in Criminal Case No. 2701 of 1998 of the Resident Magistrate’s Court at Kibera: G. Nzioka (Mrs))
GEORGE DEMUS OOKO ODENYO............................APPELLANT Versus REPUBLIC.................................................................RESPONDENT
Coram: Osiemo J. Appellant - Present Respondent - Mrs. Oduor State Counsel P.O. - Mrs. Kivindu Mr. Onduma - Court Clerk
JUDGEMENT
The appellant was convicted with an offence under Section 313 of the Penal Code. He was sentenced to 24 months imprisonment. He appeals against sentence only. The appellant was a first offender. The amount he obtained through false pretence was recovered. He is sickly and aged about 58 years old.
In the circumstances a non custodial sentence was most suited. The learned state counsel concedes to the appeal.
For the above reasons this appeal is allowed. The sentence of 24 months is set aside and substituted with a 2 years probation period.
Delivered and dated at Nairobi this 6th day of May, 1998
J.L.A. OSIEMO
JUDGE