[2023] KEHC 19589 (KLR)
The court found that, given the applicant's conviction on his own plea of guilty for malicious damage to property and creating disturbance, and considering the probation officer's report recommending a non-custodial sentence, it was appropriate to revise the custodial sentence. The court exercised its revisionary...
Source-derived case information.
- Citation
- [2023] KEHC 19589 (KLR)
- Parties
- Applicant: Hesbon Nyandika Mwembi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E048 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised; applicant to serve remaining sentence under Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Malicious Damage to Property, Breach of Peace, Sentencing Revision, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Nyandika Mwembi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant was appropriate in light of the probation officer's recommendation for a non-custodial sentence.
- 2 Whether the applicant should serve the remainder of his sentence under a Community Service Order.
Ratio Decidendi
The court found that, given the applicant's conviction on his own plea of guilty for malicious damage to property and creating disturbance, and considering the probation officer's report recommending a non-custodial sentence, it was appropriate to revise the custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining term of imprisonment with a Community Service Order at Rikenye Dispensary for the balance of the sentence, thereby aligning the punishment with rehabilitative and restorative justice principles.
Court Disposition
Custodial sentence revised; applicant to serve remaining sentence under Community Service Order.
Orders
- The applicant shall serve a Community Service Order at Rikenye Dispensary for the remaining 10 months of his sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Mwembi v Republic (Criminal Revision E048 of 2023) [2023] KEHC 19589 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19589 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E048 of 2023
WA Okwany, J
June 29, 2023
Between
Hesbon Nyandika Mwembi
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E266 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 3rd May 2023)
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 and creating disturbance in a manner likely to cause breach of peace contrary to section 95 (1) (b) of the Penal Code. The trial court sentenced him to serve 1 year imprisonment for the 1st count and 5 months imprisonment for the second count. 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 Rikenye Dispensary for the remaining 10 months of his sentence.
2Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE