[2015] KEHC 4080 (KLR)
The court found that the offender, John Muinde Musyoki, was under a clear obligation to comply with the terms of the Community Service Order, including reporting to his supervisor and performing assigned work. The evidence showed that he worked for only 45 days and then absconded for three months without proper...
Source-derived case information.
- Citation
- [2015] KEHC 4080 (KLR)
- Parties
- Defendant: John Muinde Musyoki alias Killer; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 338 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Breach of Community Service Order
- Outcome
- Community Service Order revoked; offender sentenced to one year imprisonment.
- Judges
- LN Mutende
- Legal Topics
- Community Service Orders, Sentencing Review, Breach of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muinde Musyoki alias Killer
Defendant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Breach of Community Service Order
Legal Issues
- 1 Whether the offender breached the terms of the Community Service Order.
- 2 Whether the court should revoke the Community Service Order and impose a custodial sentence.
Ratio Decidendi
The court found that the offender, John Muinde Musyoki, was under a clear obligation to comply with the terms of the Community Service Order, including reporting to his supervisor and performing assigned work. The evidence showed that he worked for only 45 days and then absconded for three months without proper notification or authorization. The supervisor denied releasing him, and the offender failed to follow the required procedures for changing his address or employment status. This constituted a breach of the Community Service Order. Pursuant to section 5(1) of the Community Service Orders Act, the court exercised its discretion to revoke the community service order and imposed a...
Court Disposition
Community Service Order revoked; offender sentenced to one year imprisonment.
Orders
- The Community Service Order is revoked.
- The offender is sentenced to one year imprisonment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL REVISION NO. 338 OF 2013
JOHN MUINDE MUSYOKI alias KILLER ……. ACCUSED
versus
REPUBLIC ……………………………………PROSECUTOR
RULING
JOHN MUINDE MUSYOKI alias KILLER, hereinafter “the offender” was tried, convicted and sentenced by Kangundo Senior Principal Magistrate’s court in Criminal Case No.165 of 2012 to serve four years imprisonment.
On the 18th October 2013 pursuant to this courts supervisory role and in an endeavor to decongest prison it reviewed the order. Subsequently, it directed the offender to perform community service for a period of twelve months.
The offender worked for only 45 days and absconded. It is argued by the offender that he informed his supervisor, Antony Muema that he had secured employment prior to leaving.
In a sworn affidavit Anthony Mwema who supervised him denied having released him.
Prior to being released on the Community Service Order, the court and the Community Service Officer did explain to the offender what was expected of him. He was under an obligation to report to the supervising officer and perform the work assigned and if he wished to change his address he was supposed to notify the officer. Having absconded for three (3) months prior to being apprehended the offender was in breach of the Community Service Order.
Pursuant to the provisions of section 5(1) of the Community Service Orders Act, I hereby revoke the order and impose a sentence of one (1) year imprisonment.
It is so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this 29THday of APRIL, 2015.
L.N. MUTENDE
JUDGE