[2024] KEHC 5242 (KLR)
The court found that the applicant, being a first-time offender aged 18 and having shown remorse, fits within the legal framework for a non-custodial sentence under the Community Service Orders Act. The seriousness of the offence, the applicant's lack of criminal history, and the positive probation report justified...
Source-derived case information.
- Citation
- [2024] KEHC 5242 (KLR)
- Parties
- Applicant: Justine Mandela; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Lodwar
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E103 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- custodial sentence substituted with community service order
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Review, Community Service Orders, Plea of Guilty, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justine Mandela
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for a non-custodial sentence under the Community Service Orders Act.
- 2 Whether the custodial sentence imposed was appropriate given the applicant's age and circumstances.
- 3 What factors should guide the court in reviewing the sentence imposed on the applicant.
Ratio Decidendi
The court found that the applicant, being a first-time offender aged 18 and having shown remorse, fits within the legal framework for a non-custodial sentence under the Community Service Orders Act. The seriousness of the offence, the applicant's lack of criminal history, and the positive probation report justified substituting the custodial sentence with a community service order. The court emphasized that the purpose of sentencing in such circumstances is rehabilitation rather than retribution, especially for young offenders. The court ordered that the applicant serve the remainder of his sentence as a community service order at the township chief’s office, with monthly supervision...
Court Disposition
custodial sentence substituted with community service order
Orders
- The applicant's custodial sentence is set aside and substituted with a community service order for the remaining period at the township chief’s office.
- Monthly reports on the applicant's compliance shall be filed in court by the supervisor through the probation officer.
Full Case Text
Judgment text and source record
22 paragraphs
Mandela v Republic (Criminal Revision E103 of 2024) [2024] KEHC 5242 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5242 (KLR)
Republic of Kenya
In the High Court at Lodwar
Criminal Revision E103 of 2024
RN Nyakundi, J
May 17, 2024
Between
Justine Mandela
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of stealing contrary to section 275 of the Penal Code.
2. The applicant pleaded guilty to the offence before Hon. C.A Mayamba on 20th February, 2023 and as a consequence, he was convicted on his own plea of guilty and sentenced to 4 years imprisonment.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.
4. The applicant seeks a sentence review based on the sentence review report on record. The report is responsive. According to the report, the applicant is a 18-year-old. He is remorseful and regrets committing the offence. He has been recommended for a non-custodial sentence. The probation officer recommended a CSO for the remaining period at the township chief’s office.
5. In determining whether to impose a custodial or non-custodial sentence, the court is required to take into account the following factors: -a)Gravity of the offence: - sentence of imprisonment should be avoided for misdemeanour.b)Criminal history of the offender. Taking into account the seriousness of the offences, first offenders should be considered for non-custodial sentence.c)Character of the offender: - non-custodial sentence are best suited for offenders who are already remorseful and receptive to rehabilitative measures.d)Protection of the community: - where the offender is likely to pose a threat to the community.e)Offender’s responsibility to third parties: - where there are people depending on the offender.
6. Further to the aforementioned, the Community Service Orders Act makes it possible for courts to issue an order requiring the offender to perform community service. This option is available to court when the offender is convicted of an offence punishable by imprisonment for a term not exceeding three years or imprisonment for a term exceeding three years but for which the court determines that any of that term as would be appropriate be served within the community on unpaid public works.
7. Having gone through the facts of the present case and particularly the age of the applicant, the circumstances fit the legal framework of the Community Service Act as an alternative sentence to imprisonment. He is a young person with a whole life ahead of him and a non-custodial sentence would be greatly beneficial with proper guidance and counselling. Consequently, the effective measure as recommended by the probation officer is to have the applicant serve a community service order for the remaining period at township chief’s office. Monthly reports shall be filed in court by the supervisor of the applicant through the probation officer. The essence of it is to achieve the effectiveness of this non-custodial sentence and that any breach of any conditions by the applicant shall attract cancellation of the community service order and have the sentence reverted to custodial sanctions.
SIGNED, DATE AND DELIVERED AT LODWAR THIS 17TH DAY OF MAY 2024. In the Presence ofMr. Jonathan K. Bungei for the StateAppellant...................R. NYAKUNDIJUDGE