[2023] KEHC 19843 (KLR)
The court found that, considering the applicant had already served 3 months in custody and the positive recommendation from the probation officer for a non-custodial sentence, it was appropriate to substitute the remaining custodial sentence with a Community Service Order. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2023] KEHC 19843 (KLR)
- Parties
- Applicant: Benson Nyongoto Monaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence reviewed and substituted with a Community Service Order for the remainder of the sentence.
- Judges
- WA Okwany
- Legal Topics
- Assault Causing Actual Bodily Harm, Malicious Damage to Property, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Nyongoto Monaya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for assault causing actual bodily harm and malicious damage to property was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence as recommended by the probation officer.
Ratio Decidendi
The court found that, considering the applicant had already served 3 months in custody and the positive recommendation from the probation officer for a non-custodial sentence, it was appropriate to substitute the remaining custodial sentence with a Community Service Order. The court exercised its discretion to ensure the sentence was proportionate and in line with rehabilitative justice, directing that the applicant serve the remainder of his sentence at the Nyansiongo Chief’s Office under supervision.
Court Disposition
Custodial sentence reviewed and substituted with a Community Service Order for the remainder of the sentence.
Orders
- The applicant shall serve a Community Service Order at the Nyansiongo Chief’s Office under the supervision of the Assistant Chief Mr. John Mochama for the remaining part of the sentence meted by the trial court.
Full Case Text
Judgment text and source record
17 paragraphs
Monaya v Republic (Criminal Revision E018 of 2023) [2023] KEHC 19843 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19843 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E018 of 2023
WA Okwany, J
June 29, 2023
Between
Benson Nyongoto Monaya
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. E122 of 2023 by Hon. B.M. Kimtai Senior Principal Magistrate on 15th March 2023. )
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of assault causing actual bodily harm contrary to section 251 of thePenal Code and malicious damage to property contrary to section 339 (1) of the Penal Code. The trial court sentenced him to serve 9 months imprisonment for each count. He has already served 3 months in custody. The Sentence Review Report filed on 14th June 2023 by Ng’etich Nicholas Kibet, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Nyansiongo Chief’s Office under the supervision of the Assistant Chief Mr. John Mochama 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