[2023] KEHC 27459 (KLR)
The court found the sentence review report favourable to the applicant and, applying Section 3 of the Community Service Orders Act No. 8 of 2018, determined that the custodial sentence should be reviewed. The court substituted the 3-year imprisonment with a community service order, assigning the applicant to serve...
Source-derived case information.
- Citation
- [2023] KEHC 27459 (KLR)
- Parties
- Applicant: Asman Nassir Jaden; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E091 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Applicant's custodial sentence reviewed and substituted with a community service order.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Stealing Offence
- 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
Asman Nassir Jaden
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a community service order.
Ratio Decidendi
The court found the sentence review report favourable to the applicant and, applying Section 3 of the Community Service Orders Act No. 8 of 2018, determined that the custodial sentence should be reviewed. The court substituted the 3-year imprisonment with a community service order, assigning the applicant to serve at Kibos Primary School for four months under supervision. The decision was based on the suitability of the applicant for community service as indicated in the report and the statutory discretion granted to the court.
Court Disposition
Applicant's custodial sentence reviewed and substituted with a community service order.
Orders
- The applicant's sentence of 3 years imprisonment is reviewed and substituted with a community service order for 4 months at Kibos Primary School.
- The applicant shall be supervised by the head teacher of Kibos Primary School and the Probation Officer, Winam, during the period of community service.
Full Case Text
Judgment text and source record
18 paragraphs
Jaden v Republic (Criminal Revision E091 of 2023) [2023] KEHC 27459 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27459 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E091 of 2023
MS Shariff, J
October 18, 2023
Between
Asman Nassir Jaden
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Asman Nassir Jaden was charged and convicted of the offence of stealing contrary to Section 268 (i) as read with Section 275 of the Penal Code in Winam SPM Cr. Case No. E187 of 2022. He was sentenced on 8th August, 2022 to serve 3 years imprisonment. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 11th August 2023 and I find that the same is favourable to the Applicant. I thus pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 hereby review the Applicant’s sentence and I do hereby issue a Community Service Order assigning him community service work at Kibos Primary School for a period of 4 months.
3. The Applicant shall be supervised by the head teacher Kibos Primary School and Probation Officer, Winam during the said period.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE