[2022] KEHC 12679 (KLR)
The court found that the applicant, having already served a substantial portion of his sentence and in light of the probation officer's recommendation, was suitable for a community service order. The court further held that the period spent in custody prior to sentencing must be taken into account pursuant to...
Source-derived case information.
- Citation
- [2022] KEHC 12679 (KLR)
- Parties
- Applicant: Dominic Marongo; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E024 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; custodial sentence substituted with community service order.
- Judges
- JN Kamau
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Marongo
Applicant
The Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence to a community service order.
- 2 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence.
Ratio Decidendi
The court found that the applicant, having already served a substantial portion of his sentence and in light of the probation officer's recommendation, was suitable for a community service order. The court further held that the period spent in custody prior to sentencing must be taken into account pursuant to section 333(2) of the Criminal Procedure Code. Accordingly, the applicant's custodial sentence was revised, and he was ordered to serve the remainder of his sentence as a community service order until 16/10/2022.
Court Disposition
Application for revision allowed; custodial sentence substituted with community service order.
Orders
- The applicant shall be released from prison to serve a Community Service Order at the Area Chief's Office under the supervision of the Area Chief until 16/10/2022.
- The period spent in custody prior to sentencing shall be taken into account in computing the sentence.
Full Case Text
Judgment text and source record
16 paragraphs
Marongo v Republic (Criminal Revision E024 of 2022) [2022] KEHC 12679 (KLR) (4 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12679 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E024 of 2022
JN Kamau, J
July 4, 2022
Between
Dominic Marongo
Applicant
and
The Republic
Respondent
Ruling
1. The applicant was charged with assault causing actual bodily harm contrary to section 251 of the Penal Codecap 63 (Laws of Kenya). He was arrested on 16/7/2021 and arraigned in court on 19/7/2021 when he denied the charges. He changed the plea and pleaded guilty to the charge on October 14, 2021 on which date he was sentenced to two (2) years imprisonment. The Report of Ngetich Nicholas Kibet Probation/Community Service Officer that was filed on 1/8/2022 has recommended that the Applicant serves Community Service Orders for seven (7) months at the Area Chief’s Office under the supervision of the Area Chief. The Applicant is expected to complete his sentence on 14/2/2023. Taking into account the period between his date of arrest and date of sentence in line with section 333(2) of the Criminal Procedure Code cap 75 (Laws of Kenya), it is hereby directed that the applicant be released to serve Community Service Order as proposed in the said Report but until 16/10/2022. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4THAUGUST, 2022J. KAMAUJUDGE