[2024] KEHC 14695 (KLR)
The court found that, based on the Probation Officer's Sentence Review Report, the applicant was suitable for 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 Sach Angwan Dispensary. This decision...
Source-derived case information.
- Citation
- [2024] KEHC 14695 (KLR)
- Parties
- Applicant: Justus James Morara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E477 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to community service order
- Judges
- PN Gichohi
- Legal Topics
- Sentencing Revision, Community Service Orders, Handling Stolen Property, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus James Morara
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for non-custodial sentencing based on the probation report.
Ratio Decidendi
The court found that, based on the Probation Officer's Sentence Review Report, the applicant was suitable for 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 Sach Angwan Dispensary. This decision was made to facilitate decongestion of the prison and in recognition of the applicant's suitability for non-custodial sentencing as recommended by the probation report.
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant shall serve the remainder of his sentence under a Community Service Order at Sach Angwan Dispensary.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
24 paragraphs
Morara v Republic (Criminal Revision E477 of 2024) [2024] KEHC 14695 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14695 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E477 of 2024
PN Gichohi, J
November 25, 2024
Between
Justus James Morara
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Justus James Morara) was charged in Molo MCCR E1604 of 2024 with the offence of Stealing contrary to Section 268(1) as read with Section 275 of the Penal Code.
3. The particulars are that on 5th Day of August, 2024 at around 1400 hours at Sachangwan area, in Molo Sub County within Nakuru County, stole one Yamaha Keyboard (piano) make PSR SX700 valued at Ksh.200,995/= the property of Rockside Academy Utawala.
4. In the alternative charge of handling stolen goods contrary to Section 322(1) (2) of the Penal Code.
5. The particulars are that on 5th Day of August, 2024 at around 1500 hours at Sachangwan area, in Molo Sub County within Nakuru County, otherwise than in the cause of stealing, dishonestly retained assorted one Yamaha Keyboard (piano) make PSR SX700 having reasons to believe it to be stolen property.
6. He pleaded guilty and was sentenced to serve three (3) years imprisonment.
7. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order to serve the reminder of his sentence at Sach Angwan Dispensary.
8. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Sach Angwan Dispensary.
9. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25TH DAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court AssistantRULING NAKURU HIGH COURT CRIMINAL REVISION NO. E477 OF 2024 Page 2