[2022] KEHC 11008 (KLR)
The court found that, based on the probation officer's report recommending a community service order and the applicant's conduct, it was appropriate to revise the custodial sentence. The court exercised its revisionary jurisdiction to substitute the remainder of the applicant's sentence with a community service...
Source-derived case information.
- Citation
- [2022] KEHC 11008 (KLR)
- Parties
- Applicant: Gabriel Oduori Makombo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E036 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed. Custodial sentence substituted with community service order.
- Judges
- JN Kamau
- Legal Topics
- Sentencing, Community Service Orders, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Oduori Makombo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should serve the remainder of his sentence under a community service order.
- 2 Whether the recommendation of the probation officer should be adopted by the court.
Ratio Decidendi
The court found that, based on the probation officer's report recommending a community service order and the applicant's conduct, it was appropriate to revise the custodial sentence. The court exercised its revisionary jurisdiction to substitute the remainder of the applicant's sentence with a community service order at Malang’a Chief’s Office, holding that this would serve the interests of justice and rehabilitation.
Court Disposition
Application for revision allowed. Custodial sentence substituted with community service order.
Orders
- The applicant is released from custody.
- The applicant shall complete the remainder of his sentence under community service order at Malang’a Chief’s Office.
Full Case Text
Judgment text and source record
17 paragraphs
Makombo v Republic (Criminal Revision E036 of 2022) [2022] KEHC 11008 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11008 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E036 of 2022
JN Kamau, J
August 1, 2022
(ORIGINALLY CR CASE NO E587 OF 2020)
Between
Gabriel Oduori Makombo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of stealing. He pleaded guilty and was sentenced to three (3) years imprisonment on 9/11/2020. The early date of release by Prisons is 5/11/2022. The Report by Dennis Kiptanui, Probation Officer dated 25/7/2022 recommends that the Applicant serves the remainder of his sentence as community service order at Malang’a Chief’s office. It is hereby directed that the Applicant is released from custody and completes the remainder of his sentence under community service order at Malang’a Chief’s Office. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE