[2023] KEHC 19624 (KLR)
The court found that, given the applicant's conviction on his own plea of guilty, the nature of the offences, the period already served in custody, and the positive recommendation in the Sentence Review Report, a non-custodial sentence was appropriate. The court exercised its discretion to substitute the remaining...
Source-derived case information.
- Citation
- [2023] KEHC 19624 (KLR)
- Parties
- Applicant: Hesbon Morara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E068 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 Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Morara
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant was appropriate in light of the circumstances and the Sentence Review Report.
- 2 Whether the applicant should be granted a non-custodial sentence through a Community Service Order.
Ratio Decidendi
The court found that, given the applicant's conviction on his own plea of guilty, the nature of the offences, the period already served in custody, and the positive recommendation in the Sentence Review Report, a non-custodial sentence was appropriate. The court exercised its discretion to substitute the remaining custodial sentence with a Community Service Order to be served at the Chief’s Camp Bonyamatuta Chache Chief’s Office under supervision. This approach balanced the interests of justice, rehabilitation, and the applicant’s circumstances.
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 Chief’s Camp Bonyamatuta Chache Chief’s Office under the supervision of the Chief for the remaining part of the sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Morara v Republic (Criminal Revision E068 of 2023) [2023] KEHC 19624 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19624 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E068 of 2023
WA Okwany, J
June 29, 2023
Between
Hesbon Morara
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E246 of 2023 by Hon. MM.C. Nyigei, Principal Magistrate on 27th February 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 the Penal Code and malicious damage to property contrary to section 339 (1) of the Penal Code. The trial court sentenced him to serve 2 years imprisonment for the first count and 3 years imprisonment for the second charge. The sentences were to run concurrently. The Applicant has already served 3 months in custody. The Sentence Review Report filed on 13th June 2023 by Dickson Kairu, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Chief’s Camp Bonyamatuta Chache Chief’s Office under the supervision of the Chief for the remaining part of the sentence meted by the trial court.
2Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE