[2023] KEHC 19802 (KLR)
The court found that the 1st applicant was suitable for a non-custodial sentence based on the probation officer's positive recommendation and the absence of community opposition. Accordingly, the court revised the sentence for the 1st applicant to a Community Service Order for the remainder of his term. In contrast,...
Source-derived case information.
- Citation
- [2023] KEHC 19802 (KLR)
- Parties
- Applicant: Zachary Mong’Are Kenyeti; Applicant: Hesbon Moenga Osoro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E096 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised for 1st applicant to community service order; custodial sentence for 2nd applicant upheld.
- Judges
- WA Okwany
- Legal Topics
- Housebreaking, Sentencing Review, Community Service Order, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zachary Mong’Are Kenyeti
Applicant
Hesbon Moenga Osoro
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentences imposed on the applicants should be revised in light of the probation reports and circumstances of each applicant.
- 2 Whether a non-custodial sentence is appropriate for the 1st applicant.
- 3 Whether the 2nd applicant should continue serving a custodial sentence.
Ratio Decidendi
The court found that the 1st applicant was suitable for a non-custodial sentence based on the probation officer's positive recommendation and the absence of community opposition. Accordingly, the court revised the sentence for the 1st applicant to a Community Service Order for the remainder of his term. In contrast, the 2nd applicant was not recommended for a non-custodial sentence due to community resistance, and the court determined that he should continue serving his custodial sentence. The court emphasized individualized sentencing based on the circumstances and probation reports for each applicant.
Court Disposition
Sentence revised for 1st applicant to community service order; custodial sentence for 2nd applicant upheld.
Orders
- The 1st applicant, Zachary Mong’Are Kenyeti, shall serve a Community Service Order at the Mwongeri Chief’s Office under supervision for the remaining 9 months of his sentence.
- The 2nd applicant, Hesbon Moenga Osoro, shall continue to serve the remaining part of his sentence in custody.
Full Case Text
Judgment text and source record
22 paragraphs
Kenyeti & another v Republic (Criminal Revision E096 of 2023) [2023] KEHC 19802 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19802 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E096 of 2023
WA Okwany, J
June 29, 2023
Between
Zachary Mong’Are Kenyeti
1st Applicant
Hesbon Moenga Osoro
2nd Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E762 of 2022 by Hon. B.M. Kimtai, Principal Magistrate on 15th December 2022)
Ruling
1. The Applicants were convicted on their own plea of guilty for the offence of housebreaking contrary to section 304 (1) (a) of the Penal Code. The trial court sentenced each of them to serve 1-year imprisonment. The Applicants have both already served 3 months in custody.
2. There are 2 Sentence Review Reports on Record by Nicholas Ng’etich Kibet the Probation Officer filed on June 14, 2023. The Report in respect of the 1st Applicant recommends a non-custodial sentence. I, therefore, direct that the 1st Applicant serves a Community Service Order at the Mwongeri Chief’s Office under the supervision of Yabesh Ogeto Ayiera for the remaining 9 months of his sentence.
3. The second Report in respect of the 2nd Applicant does not recommend a non-custodial sentence because the community is against his release. I hereby direct that the 2nd Applicant continues to serve the remaining part of his sentence in custody.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W A OKWANYJUDGE