[2025] KEHC 1425 (KLR)
The court found that the applicant, having served nine months of his concurrent three-year sentences for conspiracy to commit a felony and assault causing actual bodily harm, was a suitable candidate for a non-custodial sentence. This conclusion was based on the Sentence Review Report by the Probation Officer, which...
Source-derived case information.
- Citation
- [2025] KEHC 1425 (KLR)
- Parties
- Applicant: Douglas Ondieki Matayo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Conspiracy to Commit Felony, Assault Causing Actual Bodily Harm, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Ondieki Matayo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Sentence Review Report recommending a non-custodial sentence.
- 2 Whether the applicant is suitable for a Community Service Order.
Ratio Decidendi
The court found that the applicant, having served nine months of his concurrent three-year sentences for conspiracy to commit a felony and assault causing actual bodily harm, was a suitable candidate for a non-custodial sentence. This conclusion was based on the Sentence Review Report by the Probation Officer, which recommended a Community Service Order. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order to be served at North Masaba Chief’s Office under the supervision of the area chief. The court emphasized the importance of rehabilitation and the positive assessment of the applicant's suitability for community...
Court Disposition
Custodial sentence revised to Community Service Order.
Orders
- The applicant shall serve a Community Service Order at North Masaba Chief’s Office under the supervision of the area chief.
Full Case Text
Judgment text and source record
17 paragraphs
Matayo v Republic (Criminal Revision E011 of 2025) [2025] KEHC 1425 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 1425 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E011 of 2025
WA Okwany, J
January 31, 2025
Between
Douglas Ondieki Matayo
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E076 of 2024 by Hon. C. Ombija, Senior Resident Magistrate on 1st February 2024)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offences of conspiracy to commit a felony contrary to Section 393 of the Penal Code in the first count and assault causing actual bodily harm contrary to Section 251 of the Penal Code in the second count. The trial court sentenced him to serve three (3) years’ imprisonment for each count and the sentences were to run concurrently. The Applicant has served nine (9) months of his sentence and is remaining with 15 months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Ng’etich Nicholas Kibet recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at North Masaba Chief’s Office under the supervision of the area chief.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE