[2022] KEHC 12724 (KLR)
The court found that the applicant, having already served a portion of her custodial sentence and in light of the positive recommendation from the Probation/Community Service Officer, was a suitable candidate for a community service order. The court further held that, pursuant to section 333(2) of the Criminal...
Source-derived case information.
- Citation
- [2022] KEHC 12724 (KLR)
- Parties
- Applicant: Annah Gesare Getanda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; custodial sentence revised to community service order.
- Judges
- JN Kamau
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Annah Gesare Getanda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be released from imprisonment to serve the remainder of her sentence under a community service order.
- 2 Whether the period spent in custody prior to sentencing should be considered in determining the applicant's release date.
Ratio Decidendi
The court found that the applicant, having already served a portion of her custodial sentence and in light of the positive recommendation from the Probation/Community Service Officer, was a suitable candidate for a community service order. The court further held that, pursuant to section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to sentencing must be considered in determining the duration of her sentence. Consequently, the court ordered that the applicant be released from prison to serve the remainder of her sentence under a community service order at Kerumbe Health Centre until July 8, 2023.
Court Disposition
Application for revision allowed; custodial sentence revised to community service order.
Orders
- The applicant shall be released from prison to serve the remainder of her sentence under a community service order at Kerumbe Health Centre until July 8, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Getanda v Republic (Criminal Revision E018 of 2022) [2022] KEHC 12724 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12724 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E018 of 2022
JN Kamau, J
August 3, 2022
Between
Annah Gesare Getanda
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code cap 63 (laws of Kenya). He was arrested on February 8, 2022 and arraigned in court on February 11, 2022 when he admitted to the charge. He was sentenced to two (2) years imprisonment on March 9, 2022. His early release date by prison is July 9, 2023.
2. The report by Samuel Chuma Probation/Community Service Officer that was filed on August 1, 2022 recommends that the applicant be released to serve community service order at Kerumbe Health Centre for the remaining period of eleven (11) months.
3. Taking the period between the date of his arrest and the date he was sentenced in line with section 333(2) of the Criminal Procedure Code cap 75 (laws of Kenya), it is hereby directed that the applicant be released to serve community service order as proposed in the aforesaid report until July 8, 2023. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J KAMAUJUDGE