[2016] KEHC 5682 (KLR)
The court found that, considering the applicant's remorse, the circumstances of the offence, and the probation report, this was a fit and proper case for revision of sentence. The court exercised its discretion to substitute the remainder of the custodial sentence with a community service order at Ekerenyo Health...
Source-derived case information.
- Citation
- [2016] KEHC 5682 (KLR)
- Parties
- Appellant: Julius Oire Orwaro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 14 of 2016
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- MM Kasango
- Legal Topics
- Sentencing Revision, Illegal Forest Produce, Plea of Guilty, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Oire Orwaro
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the probation report and circumstances of the offence.
- 2 Whether community service is an appropriate substitute for the remainder of the custodial sentence.
Ratio Decidendi
The court found that, considering the applicant's remorse, the circumstances of the offence, and the probation report, this was a fit and proper case for revision of sentence. The court exercised its discretion to substitute the remainder of the custodial sentence with a community service order at Ekerenyo Health Centre, Nyamira County, as a more appropriate and rehabilitative measure given the applicant's background and the non-violent nature of the offence.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant Julius Oire Orwaro shall serve the remainder of his sentence doing Community Service at Ekerenyo Health Centre within Itibo Sub-Location Nyamira County.
- The applicant shall be released from custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
HCCR REVISION. NO. 14 OF 2016
JULIUS OIRE ORWARO……….............…………… APPELLANT
-VERSUS-
REPUBLIC …………….……………………………….. RESPONDENT
RULING
JULIUS OIRE ORWAROwas convicted on his own plea of guilty to the offence of illegally cutting and removing forest produce Contrary to Section 52(1) of the Forest Act Cap 385. He was sentenced before Nanyuki Chief Magistrate’s court to 6 months imprisonment. He has served 4 months of that sentence.
This court in exercise of its revision power under Section 362 of the Criminal Procedure Code Cap 75 has requested the probation office to prepare, which it has, on the suitability of the release of the applicant.
The applicant stated, according to that report, that he went to collect firewood from the forest at the request of his employer. He did not know that it was against the law. He is remorseful. He desires to return to his home in Nyamira County.
Having considered the probation report and the submissions of the state I do find this to be a fit and proper case to exercise the power of revision.
The order of this court is that the applicant JULIUS OIRE ORWARO shall serve the remainder of this sentence doing Community Service at Ekerenyo Health Centre within Itibo Sub-Location Nyamira County. To that end the applicant shall be released from custody unless he is otherwise lawfully held.
Dated and Delivered at Nanyuki this 20th April, 2016
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant – Njue
For Applicant …………………………………….
For state ………………………………….
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE