[2023] KEHC 19614 (KLR)
The court found that, given the applicants' plea of guilty, partial service of their custodial sentences, and the recommendations of the Probation Officers for a non-custodial sentence, it was just and appropriate to substitute the remaining custodial sentence with a Community Service Order at Ekerenyo Police...
Source-derived case information.
- Citation
- [2023] KEHC 19614 (KLR)
- Parties
- Applicant: Wycliff Mokaya Makori; Applicant: Alex Onyancha Ngare; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E073 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to community service order; compensation and fine orders upheld
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Plea of Guilty, Community Service Order, Compensation Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliff Mokaya Makori
Applicant
Alex Onyancha Ngare
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicants upon their plea of guilty was appropriate in the circumstances.
- 2 Whether the applicants should be granted a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court found that, given the applicants' plea of guilty, partial service of their custodial sentences, and the recommendations of the Probation Officers for a non-custodial sentence, it was just and appropriate to substitute the remaining custodial sentence with a Community Service Order at Ekerenyo Police Station under supervision. The compensation order and fine as imposed by the trial court were not disturbed.
Court Disposition
custodial sentence revised to community service order; compensation and fine orders upheld
Orders
- The applicants shall serve a Community Service Order at Ekerenyo Police Station under the supervision of the OCS, Ekerenyo for the remaining part of their sentences as meted by the trial court.
- The compensation and fine orders imposed by the trial court remain in force.
Full Case Text
Judgment text and source record
19 paragraphs
Makori & another v Republic (Criminal Revision E073 of 2023) [2023] KEHC 19614 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19614 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E073 of 2023
WA Okwany, J
June 29, 2023
Between
Wycliff Mokaya Makori
1st Applicant
Alex Onyancha Ngare
2nd Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1200 of 2022 by Hon. B. Okong’o, Resident Magistrate on 1st March 2022)
Ruling
1. The Applicants were convicted on their own plea of guilty for the offence of stealing motorcycle parts contrary to section 279 (g) of the Penal Code. The trial court sentenced each Applicant to pay a fine of Kshs 20,000/= and compensate the complainant the sum of Kshs 144,651/= equally of in default to each serve 3 years imprisonment. The 1st Applicant has already served 3 months in custody while the 2nd Applicant has served 2 months in custody. The Sentence Review Report filed on June 13, 2023 by Ng’etich Nicholas Kibet and Nelson Mandela the Probation Officers, in respect of the 1st Applicant and 2nd Applicants respectively, recommend a non-custodial sentence. I hereby direct that the Applicants serve a Community Service Order at Ekerenyo Police Station under the supervision of the OCS, Ekerenyo for the remaining part of their sentences as meted by the trial court.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE