[2018] KEHC 8792 (KLR)
The court found that the appellant had demonstrated positive behavior change while in prison and that his immediate community had no reservations about his rehabilitation within the community. The Probation Officer's report recommended a community service sentence, and the appellant expressed willingness to comply....
Source-derived case information.
- Citation
- [2018] KEHC 8792 (KLR)
- Parties
- Appellant: Lokibet Kakandich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 189 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; sentence varied to community service order
- Judges
- EM Muriithi
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lokibet Kakandich
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant should serve the remainder of his sentence as a non-custodial sentence under a community service order.
- 2 Whether the circumstances of the case are suitable for a community service order under section 3 of the Community Service Order Act.
Ratio Decidendi
The court found that the appellant had demonstrated positive behavior change while in prison and that his immediate community had no reservations about his rehabilitation within the community. The Probation Officer's report recommended a community service sentence, and the appellant expressed willingness to comply. Considering these factors and the suitability of the case, the court determined that a community service order was appropriate for the remainder of the appellant's sentence under section 3 of the Community Service Orders Act.
Court Disposition
appeal allowed in part; sentence varied to community service order
Orders
- The appellant is sentenced to serve community service at Loruk Dispensary for a period of 12 months from the date of judgment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRA NO. 189 OF 2017
LOKIBET KAKANDICH ……...APPELLANT
VERSUS
REPUBLIC……………………RESPONDENT
JUDGMENT
1. The appellant was convicted for assault causing actual bodily harm contrary to section 251 of the Penal Code and sentenced to serve imprisonment for (2) years. The court ordered that the said sentence be served consecutively to a previous sentence for (3) years in Criminal Case No. 776 of 2014, also for the charge of assault.
2. The appellant did not challenge the conviction and at the time of hearing of the appeal on how relevance is the case, he had already finished (3) years sentence in Cr. 776 of 2014 and done one (1) year imprisonment in the present case.
3. The DPP while not opposing the appeal requested that the Probation Officer be requested to file a pre-sentence report to confirm whether the appellant may be released on a non custodial sentence for the remainder of the term of the (2) years sentence.
4. By a Probation Officer’s Report on sentencing dated 9/1/2018 by Ms Ngochoi, M. J. the appellant was recommended for community service sentence at Loruk Dispensary.
5. The appellant had already expressed willingness to be considered for non-custodial sentence for the remainder of the term and confirmed that he hailed from East Pokot. In addition, the Pre-sentence Report recommending community service indicates that the appellant had while in prison undergone positive behavior change and his immediate community had no reservations about his rehabilitation within the community.
Order
6. Having considered the matter, I find that the circumstances of the case are suitable for an order for Community Service Order under section 3 of the Community Service Order Act. Accordingly, I sentence the appellant to serve community service at Loruk Dispensary for a period of 12 months from today.
DATED AND DELIVERED THIS 16TH DAY OF JANUARY, 2018
EDWARD M. MURIITHI
JUDGE
Appearances: -
Appellant in person
Ms Macharia Assistant DPP