[2017] KEHC 9372 (KLR)
The court found that the applicant had served a substantial portion of his custodial sentence for uttering a document with intent to defraud, an offence punishable under Section 353 as read with Section 349 of the Penal Code. The attached probation officer's report was favourable and recommended community service or...
Source-derived case information.
- Citation
- [2017] KEHC 9372 (KLR)
- Parties
- Applicant: George Obondo Changa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 81 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- custodial sentence substituted with community service order
- Legal Topics
- Sentence Revision, Uttering False Document, Probation Reports, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Obondo Changa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence for uttering a document with intent to defraud.
- 2 Whether the sentence should be substituted with a non-custodial sentence in light of the probation officer's report.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his custodial sentence for uttering a document with intent to defraud, an offence punishable under Section 353 as read with Section 349 of the Penal Code. The attached probation officer's report was favourable and recommended community service or probation. In light of this, and considering the applicant's conduct and the time already served, the court exercised its discretion to substitute the remaining custodial sentence with a non-custodial sentence, specifically a Community Service Order (CSO) at Kitengela Health Centre for six months.
Court Disposition
custodial sentence substituted with community service order
Orders
- The custodial sentence is substituted with an order that the applicant shall serve the remainder of the sentence under Community Service Order at Kitengela Health Centre for a period of six months.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NUMBER 81 OF 2017
GEORGE OBONDO CHANGA…………….........APPLICANT
VERSUS
REPUBLIC …….………………….…..............RESPONDENT
RULING
The application herein filed on 24th May, 2017 is for revision of the sentence. The Applicant was the 1st accused in Kibera Chief Magistrates’ Court Cr. Case No. 1320 of 2009. He was convicted with respect to counts III, IV, V, VI and VII in which he was charged in all the counts with uttering a document with intent to defraud contrary to Section 353 of the Penal Code. The sentences were to run concurrently commencing the 26th April, 2016. Under Section 353 of the Penal Code, any person convicted for the offence of uttering a false document is liable to the same punishment as if he had forged the thing in question. The punishment for forgery is provided under Section 349 of the Penal Code which is an imprisonment for three (3) years.
I note that the Applicant had filed a similar application vide H.C. Revision No. 300 of 2016. On 15th December, 2016, in that application, the Judge ruled that the Applicant had not served sufficient sentence to warrant a revision. Attached to the application is a probation officer’s report. The same is favourable to the Applicant and had recommended that he could perform community service at Kitengela Health Centre or be placed under probation under the supervision of the in-charge Athi River Probation office. As at date, he has served one year and three months, leaving a balance of half the punishment. In view of the favourable probation officer’s report, I shall direct that he serves the balance of the punishment under non-custodial sentence.
In the result, I substitute the custodial sentence with an order that the Applicant shall serve the remainder of the sentence under CSO at Kitengela Health Centre for a period of six months. It is so ordered.
Dated and Delivered at Nairobi this 3rd day of August, 2017.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
Applicant in person
M/s Sigei for the Respondent.