[2023] KEHC 19806 (KLR)
The court found that, given the applicant's plea of guilty, the minor nature of the offence, the compensation order, and the recommendation of the Probation Officer for a non-custodial sentence, it was appropriate to substitute the remaining custodial sentence with a Community Service Order. The applicant was thus...
Source-derived case information.
- Citation
- [2023] KEHC 19806 (KLR)
- Parties
- Applicant: Duke Ateka Jumbe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E058 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence substituted with Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Stealing Offence, Plea of Guilty, Sentencing, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duke Ateka Jumbe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant upon conviction for stealing was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence as recommended by the Sentence Review Report.
Ratio Decidendi
The court found that, given the applicant's plea of guilty, the minor nature of the offence, the compensation order, and the recommendation of the Probation Officer for a non-custodial sentence, it was appropriate to substitute the remaining custodial sentence with a Community Service Order. The applicant was thus ordered to serve the remainder of his sentence performing community service at Mokomoni Primary School under supervision, rather than continuing imprisonment.
Court Disposition
Custodial sentence substituted with Community Service Order.
Orders
- The applicant shall serve a Community Service Order at Mokomoni Primary School under the supervision of the school Headteacher for the remaining part of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Jumbe v Republic (Criminal Revision E058 of 2023) [2023] KEHC 19806 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19806 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E058 of 2023
WA Okwany, J
June 29, 2023
Between
Duke Ateka Jumbe
Applicant
and
Republic
Republic
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E406 of 2023 by Hon. C.W. Waswa, Senior Resident Magistrate on 24th April 2023)
Ruling
1. The Applicant was charged with the offence of stealing contrary to section 268 (1) as read with section 275 of the Penal Code. He was convicted on his own plea of guilty and the trial court ordered him to compensate the complainant in the sum of Kshs 10,000/= or in default, to serve 6 months imprisonment. The Applicant has already served 1 month in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Dickson Kairu recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Mokomoni Primary School under the supervision of the school Headteacher for the remaining part of the sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE