[2023] KEHC 19620 (KLR)
The High Court found that the custodial sentence imposed by the trial court was not appropriate given the applicant's guilty plea, the period already served in custody, and the recommendation for a non-custodial sentence by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the...
Source-derived case information.
- Citation
- [2023] KEHC 19620 (KLR)
- Parties
- Applicant: Evans Siriba Kibandori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E077 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to community service order.
- Judges
- WA Okwany
- Legal Topics
- Obtaining by False Pretence, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Siriba Kibandori
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's guilty plea and the recommendations of the Sentence Review Report.
- 2 Whether a non-custodial sentence should be substituted for the custodial sentence imposed by the trial court.
Ratio Decidendi
The High Court found that the custodial sentence imposed by the trial court was not appropriate given the applicant's guilty plea, the period already served in custody, and the recommendation for a non-custodial sentence by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order at Kiabonyoru Primary School, under supervision, for the remainder of the sentence. This approach balanced the need for punishment, restitution, and rehabilitation, in line with the principles of sentencing and the interests of justice.
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant shall serve a Community Service Order at Kiabonyoru Primary School under the supervision of the school Headmaster for the remaining part of the sentence.
- The applicant to compensate the complainant in the sum of Kshs 38,900.
Full Case Text
Judgment text and source record
18 paragraphs
Kibandori v Republic (Criminal Revision E077 of 2023) [2023] KEHC 19620 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19620 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E077 of 2023
WA Okwany, J
June 29, 2023
Between
Evans Siriba Kibandori
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E369 of 2023 by Hon. B. Okong’o, Resident Magistrate on 11{{^th}} April 2023)
Ruling
1. The Applicant was charged and convicted on his own plea of guilty of the offence of obtaining by false pretence contrary to section 313 of thePenal Code. The trial court ordered him to compensate the complainant in the sum of Kshs 38,900/= and pay a fine of Kshs 20,000 or in default to serve 2 years imprisonment. The Applicant has already served 61 days in custody. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Nelson Mandela recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Kiabonyoru Primary School under the supervision of the school Headmaster for the remaining part of the sentence.
2Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE