[2023] KEHC 19826 (KLR)
The court found that, in light of the Sentence Review Report recommending a non-custodial sentence and the fact that the applicant had already served a substantial portion of the custodial sentence, it was just and appropriate to substitute the remaining sentence with a Community Service Order. The court exercised...
Source-derived case information.
- Citation
- [2023] KEHC 19826 (KLR)
- Parties
- Applicant: Daniel Okibori Hamisi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E033 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence substituted with community service order
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Community Service Order, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Okibori Hamisi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for the offence of stealing was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court found that, in light of the Sentence Review Report recommending a non-custodial sentence and the fact that the applicant had already served a substantial portion of the custodial sentence, it was just and appropriate to substitute the remaining sentence with a Community Service Order. The court exercised its discretion under the Criminal Procedure Code to ensure the sentence was proportionate and rehabilitative, rather than purely punitive.
Court Disposition
custodial sentence substituted with community service order
Orders
- The applicant shall serve a Community Service Order at Sotik Highlands Primary School under the supervision of the school Headmaster for the remaining part of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Hamisi v Republic (Criminal Revision E033 of 2023) [2023] KEHC 19826 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19826 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E033 of 2023
WA Okwany, J
June 29, 2023
Between
Daniel Okibori Hamisi
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1044 of 2022 by Hon. B. Okong’o. Resident Magistrate on 22nd March 2023)
Ruling
1. The Applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. He was convicted by the trial court and fined Kshs. 6,000/= and ordered to compensate the complainant in the sum of Kshs. 4,000/= or in default, to serve 6 months’ imprisonment. The Applicant has already served 80 days in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Nelson Mandela recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Sotik Highlands Primary School under the supervision of the school Headmaster for the remaining part of the sentence.Orders accordingly.
DATED and DELIVERED at NYAMIRA on this 29th day of JUNE 2023. W.A. OKWANYJUDGE