[2016] KEHC 5481 (KLR)
The court found that the applicant, having pleaded guilty to stealing and been sentenced to two years imprisonment, had demonstrated reformation as evidenced by the probation officer's report. The report highlighted the applicant's positive conduct, acquisition of vocational skills, and recommendation for a...
Source-derived case information.
- Citation
- [2016] KEHC 5481 (KLR)
- Parties
- Applicant: Justus Lukoye Sande; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 280 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- AW Mwangi
- Legal Topics
- Sentencing Revision, Community Service Orders, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Lukoye Sande
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the probation officer's report and recommendations.
- 2 Whether the applicant is suitable for a non-custodial sentence under community service.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to stealing and been sentenced to two years imprisonment, had demonstrated reformation as evidenced by the probation officer's report. The report highlighted the applicant's positive conduct, acquisition of vocational skills, and recommendation for a non-custodial sentence. The court exercised its revisionary jurisdiction under section 364 of the Criminal Procedure Code, determining that the interests of justice would be served by substituting the remainder of the custodial sentence with a community service order at Ebuhala Assistant Chief's office. The applicant was ordered to be released from prison unless otherwise lawfully held.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant shall serve the remainder of his sentence under community service at Ebuhala Assistant Chief's office.
- The applicant shall be released from prison custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL REVISION NO. 280 OF 2015
JUSTUS LUKOYE SANDE .............................................................APPLICANT
VERSUS
REPUBLIC ...................................................................................RESPONDENT
(Being a Revision from the order of Butere Principal Magistrate's Court Criminal Case No.65 of 2015 by Hon. E.S.Olwade, Principal Magistrate on 5th March, 2015)
RULING ON REVISION
Justus Lukoye Sande was charged with the offence of stealing contrary to section 275 of the Penal Code. He pleaded guilty to the charge and was convicted on his own plea of guilty. He was sentenced to serve 2 years imprisonment with effect from 5th March, 2015.
The matter was referred to this court for revision of the applicant's sentence in accordance with the provisions of section 364 of the Criminal Procedure Code Cap 75, Laws of Kenya.
A Probation Officer's report dated 3rd December, 2015 indicates that the applicant has undergone training in building and construction while in prison.
The Probation Officer notes that the applicant has reformed and has learnt to obey the law. The said Officer's recommendation is that the applicant is suitable for a non-custodial sentence.
Having considered the probation report which is favourable to the applicant, I make orders that the applicant herein, Justus Lukoye Sande, shall serve the remainder of his sentence under community service at Ebuhala Assistant Chief's office for the remainder of his sentence.
The applicant shall therefore be released from prison custody forthwith unless he is otherwise lawfully held.
It is so ordered.
DELIVERED, DATED and SIGNED at KAKAMEGAon this 29th day of April, 2016.
NJOKI MWANGI
JUDGE