[2016] KEHC 4782 (KLR)
The court found that the applicant had served a substantial part of his sentence and had demonstrated reformation through training and counseling while in prison, as confirmed by a favourable probation report. In the interests of justice and rehabilitation, the court exercised its revisionary jurisdiction to...
Source-derived case information.
- Citation
- [2016] KEHC 4782 (KLR)
- Parties
- Applicant: Kassim Ochenga Wanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Revision 278 of 2015
- Procedural Posture
- Miscellaneous Criminal Revision / Ruling on Revision
- Outcome
- Application for revision allowed. Custodial sentence substituted with community service order.
- Judges
- AW Mwangi
- Legal Topics
- Sentencing, Community Service Orders, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kassim Ochenga Wanga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant should serve the remainder of his sentence on community service based on the probation report.
Ratio Decidendi
The court found that the applicant had served a substantial part of his sentence and had demonstrated reformation through training and counseling while in prison, as confirmed by a favourable probation report. In the interests of justice and rehabilitation, the court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Butere Police Station.
Court Disposition
Application for revision allowed. Custodial sentence substituted with community service order.
Orders
- The applicant, Kassim Ochenga Wanga, shall serve the remaining period of his sentence on Community Service at Butere Police Station.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT KAKAMEGA.
MISC. CRIMINAL REVISION NO. 278 OF 2015.
KASSIM OCHENGA WANGA ::::::::::::::::::::::::::::::::: APPLICANT.
VERSUS
REPUBLIC :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT.
(Being a Revision from the order of Butere Principal Magistrate's Court Criminal Case No.469 of 2014 by Hon. E.S.Olwade, Principal Magistrate on 30th December, 2014)
RULING ON REVISION.
1. The applicant was charged with the offence of stealing contrary to section 275 of the Penal Code. He was sentenced to serve 2 years imprisonment with effect from 30th December, 2014.
2. A probation report on record shows that the applicant has undergone training in building and construction while in prison. He has also undergone intensive guidance and counseling on life skills. The said report indicates that he has reformed.
3. I note that the probation officer’s report is favourable to the applicant who has served a substantial part of his sentence.
4. I therefore order that the applicant, Kassim Ochenga Wanga should serve the remaining period of his sentence on Community Service at Butere Police Station.
It is so ordered.
DELIVERED, DATED and SIGNED at KAKAMEGAon this 27th day of May, 2016.
NJOKI MWANGI
JUDGE