[2023] KEHC 19627 (KLR)
The court found that the applicant, having already served two months of a six-month custodial sentence for creating disturbance, was a suitable candidate for a non-custodial sentence as recommended by the Probation Officer. The court exercised its discretion under the law to substitute the remaining custodial...
Source-derived case information.
- Citation
- [2023] KEHC 19627 (KLR)
- Parties
- Applicant: Jackson Isaboke Machuma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E032 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; custodial sentence substituted with Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Community Service Order, Breach of Peace, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Isaboke Machuma
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 circumstances and the Sentence Review Report.
- 2 Whether the applicant should serve a non-custodial sentence for the offence of creating disturbance.
Ratio Decidendi
The court found that the applicant, having already served two months of a six-month custodial sentence for creating disturbance, was a suitable candidate for a non-custodial sentence as recommended by the Probation Officer. The court exercised its discretion under the law to substitute the remaining custodial sentence with a Community Service Order, considering the nature of the offence, the applicant's plea of guilty, and the positive recommendation in the Sentence Review Report. The court held that justice would be better served by allowing the applicant to serve the remainder of his sentence performing community service under supervision, rather than continuing incarceration.
Court Disposition
Sentence revised; custodial sentence substituted with Community Service Order.
Orders
- The applicant shall serve a Community Service Order at the Kiangoso sub-Chief’s office under the supervision of the Chief for the remaining part of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Machuma v Republic (Criminal Revision E032 of 2023) [2023] KEHC 19627 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19627 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E032 of 2023
WA Okwany, J
June 29, 2023
Between
Jackson Isaboke Machuma
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E331 of 2023 by Hon. B. Okong’o. Resident Magistrate on 5th April 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the Penal Code. The trial court imposed a fine of Kshs 20,000/= on the Applicant or in default ordered that he served 6 months imprisonment. The Applicant has already served 2 months in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Dickson Kairu recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Kiangoso sub-Chief’s office under the supervision of the Chief for the remaining part of the sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W. A. OKWANYJUDGE