[2023] KEHC 19815 (KLR)
The court found that, given the applicant's plea of guilty, the time already served in custody, and the positive recommendation in the Sentence Review Report for a non-custodial sentence, it was appropriate to revise the custodial sentence. The court exercised its discretion under the Criminal Procedure Code to...
Source-derived case information.
- Citation
- [2023] KEHC 19815 (KLR)
- Parties
- Applicant: Jackline Kwamboka Makori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E061 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to community service order
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea of Guilty, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Kwamboka Makori
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for manslaughter should be revised in light of the Sentence Review Report recommending a non-custodial sentence.
Ratio Decidendi
The court found that, given the applicant's plea of guilty, the time already served in custody, and the positive recommendation in the Sentence Review Report for a non-custodial sentence, it was appropriate to revise the custodial sentence. The court exercised its discretion under the Criminal Procedure Code to substitute the remaining custodial sentence with a Community Service Order at Bonyaiguba Primary School under the supervision of the Headteacher, thereby balancing the interests of justice, rehabilitation, and the applicant's circumstances.
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant shall serve a Community Service Order at Bonyaiguba Primary School under the supervision of the Headteacher for the remainder of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Makori v Republic (Criminal Revision E061 of 2023) [2023] KEHC 19815 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19815 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E061 of 2023
WA Okwany, J
June 29, 2023
Between
Jackline Kwamboka Makori
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E120 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 6th February 2023. )
Ruling
1. The Applicant was convicted on her own plea of guilty for the offence of manslaughter contrary to section 202 of the Penal Code. The trial court sentenced her to serve one year imprisonment and she has already served 125 days in custody. The Sentence Review Report filed on June 13, 2023 by Edwin Kimaiyo, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Bonyaiguba Primary School under the supervision of the Headteacher for the remaining part of the sentence meted by the trial court.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE