[2018] KEHC 2140 (KLR)
The court found that the probation officer's report was favorable to the convict, noting his family responsibilities, health condition, and the willingness of the victim to forgive. The court emphasized the importance of rehabilitation and decongestion of prisons. In light of these factors and the recommendation for...
Source-derived case information.
- Citation
- [2018] KEHC 2140 (KLR)
- Parties
- Appellant: J O O; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 155 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J O O
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the convict should be revised in light of the probation officer's recommendation and the circumstances of the convict.
Ratio Decidendi
The court found that the probation officer's report was favorable to the convict, noting his family responsibilities, health condition, and the willingness of the victim to forgive. The court emphasized the importance of rehabilitation and decongestion of prisons. In light of these factors and the recommendation for community service, the court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order at Sikalame Dispensary.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The convict J O O shall serve the remainder of his prison term on Community Service Order at Sikalame Dispensary from date of release from prison upon this order being served on the O/C Siaya G.K. Prisons.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. REV. NO. 155 OF 2018
(CORAM: R. E. ABURILI - J.)
J O O..........................APPELLANT
VERSUS
REPUBLIC..............RESPONDENT
(Being an Appeal seeking Sentence Revision against judgment delivered in 6/8/2018 in Criminal Case No. 266 of 2017 at Ukwala Law Courts, SRM’s Court.)
RULING ON REVISION
1. On 6/8/2017, the convict J O O was convicted and sentenced to serve 3 years imprisonment by SRM Ukwala vide Ukwala SRM Cr. Case No. 260/2017 for the offence which is not disclosed despite ordering for trial court record and the probation officers report filed on 20/11/2018 signed by Rose Gwaro does not disclosed the offence.
2. I have perused the Probation Report which shows that the convict is the brother to the complainant and that he is living with HIV. He is married with 6 children who depended on him as a businessman. He is aged 38 years and the home environment is conducive to rehabilitation.
3. The victim of the offence is his brother M O and is willing to forgive him.
4. The convict is said to be hardworking and the Probation Officer recommends Community Service.
5. In view of the recommendation by the Probation Officer and in the spirit of Prison Decongestion, I hereby order that the convict J O O shall serve the remainder of his prison term on Community Service Order at Sikalame Dispensary from date of release from prison upon this order being served on the O/C Siaya G.K. Prisons.
Dated, Signed and Delivered at SIAYA this 21st Day of November 2018.
R.E. ABURILI
JUDGE