[2023] KEHC 19610 (KLR)
The court found that the applicant, having already served three months in custody and with a favorable Sentence Review Report recommending a non-custodial sentence, was a suitable candidate for a community service order. The trial court's sentence was revised to allow the applicant to serve the remainder of the...
Source-derived case information.
- Citation
- [2023] KEHC 19610 (KLR)
- Parties
- Applicant: Douglas Mose Mose; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E026 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; community service order imposed
- 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
Douglas Mose Mose
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the circumstances and the Sentence Review Report.
- 2 Whether the applicant should serve a non-custodial sentence for the offence of malicious damage to property.
Ratio Decidendi
The court found that the applicant, having already served three months in custody and with a favorable Sentence Review Report recommending a non-custodial sentence, was a suitable candidate for a community service order. The trial court's sentence was revised to allow the applicant to serve the remainder of the sentence as a community service order at Nyangoso Primary School under supervision, in the interests of justice and rehabilitation.
Court Disposition
sentence revised; community service order imposed
Orders
- The applicant shall serve a Community Service Order at Nyangoso Primary School under the supervision of the school Headmaster for the remaining part of the sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Mose v Republic (Criminal Revision E026 of 2023) [2023] KEHC 19610 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19610 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E026 of 2023
WA Okwany, J
June 29, 2023
Between
Douglas Mose Mose
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E220 of 2023 by Hon. B. Okongo, Resident Magistrate on 3rd April 2023)
Ruling
1. The Applicant was charged with the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the Penal Code and a second charge for the offence of malicious damage to property contrary to section339 (1) of the Penal Code. The charges for the first Count withdrawn in accordance with section 204 of the Criminal Procedure Code while she was convicted on her own plea of guilty for the second Count.
2. The trial court sentenced him to pay a fine of Kshs. 10,000/= or in default, to serve 11 months imprisonment. The Applicant has already served 3 months in custody. The Sentence Review Report filed on June 13, 2023 by Nelson Mandela, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Nyangoso Primary School under the supervision of the school Headmaster 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