[2023] KEHC 19813 (KLR)
The court found that, considering the applicant had already served 11 months in custody and the probation officer's report recommended a non-custodial sentence, it was appropriate to revise the sentence. The court exercised its discretion under the Criminal Procedure Code to substitute the remaining custodial...
Source-derived case information.
- Citation
- [2023] KEHC 19813 (KLR)
- Parties
- Applicant: Joram Thuo Mugo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E072 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised from imprisonment to community service order.
- Judges
- WA Okwany
- Legal Topics
- Sentencing, Grievous Harm, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joram Thuo Mugo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence for grievous harm should be revised to a non-custodial sentence.
- 2 Whether the recommendation of the probation officer for a community service order should be adopted.
Ratio Decidendi
The court found that, considering the applicant had already served 11 months in custody and the probation officer's report recommended a non-custodial sentence, it was appropriate to revise the sentence. The court exercised its discretion under the Criminal Procedure Code to substitute the remaining custodial sentence with a Community Service Order at Keroka Probation Office for the balance of the sentence.
Court Disposition
Sentence revised from imprisonment to community service order.
Orders
- The applicant shall serve a Community Service Order at Keroka Probation Office for the remaining 13 months of his sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Mugo v Republic (Criminal Revision E072 of 2023) [2023] KEHC 19813 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19813 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E072 of 2023
WA Okwany, J
June 29, 2023
Between
Joram Thuo Mugo
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E936 of 2019 by Hon. Kimtai, Senior Principal Magistrate on 13th February 2022)
Ruling
1. The applicant was charged and convicted of the offence of grievous harm contrary to section 234 of the Penal Code. The trial court sentenced him to 3 years imprisonment. The applicant has already served 11 months in custody. The report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence. I hereby direct that the applicant serves a Community Service Order at Keroka Probation Office for the remaining 13 months of his sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE