[2025] KEHC 16818 (KLR)
The court found that the applicant, having served part of his custodial sentence for malicious damage to property and with a favorable Sentence Review Report recommending a non-custodial sentence, was a suitable candidate for a community service order. The court exercised its revisionary powers to substitute the...
Source-derived case information.
- Citation
- [2025] KEHC 16818 (KLR)
- Parties
- Applicant: Brian Aloys Morara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E006 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to community service order for the remainder of the sentence.
- Judges
- WA Okwany
- Legal Topics
- 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
Brian Aloys Morara
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for malicious damage to property should be revised in light of the Sentence Review Report recommending a non-custodial sentence.
Ratio Decidendi
The court found that the applicant, having served part of his custodial sentence for malicious damage to property and with a favorable Sentence Review Report recommending a non-custodial sentence, was a suitable candidate for a community service order. The court exercised its revisionary powers to substitute the remaining custodial sentence with a community service order, considering the interests of justice, rehabilitation, and the recommendation of the Probation Officer.
Court Disposition
Custodial sentence revised to community service order for the remainder of the sentence.
Orders
- The applicant shall serve a Community Service Order at East Kitutu Location Chief’s Office under the supervision of the area Chief Mr. Thomas Ndege for the remainder of his sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Morara v Republic (Criminal Revision E006 of 2025) [2025] KEHC 16818 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 16818 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E006 of 2025
WA Okwany, J
January 31, 2025
Between
Brian Aloys Morara
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E339 of 2024 by Hon. C. Ombija Senior Resident Magistrate on 14th May 2024)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of malicious damage to property contrary to Section 339 (1) of the Penal Code. The trial court sentenced him to serve eighteen (18) months’ imprisonment. The Applicant has served six (6) months of his sentence and is remaining with six (6) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Mpaera Lerionka Johnstone recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at East Kitutu Location Chief’s Office under the supervision of the area Chief Mr. Thomas Ndege for the remainder of his sentence.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE