[2024] KEHC 7467 (KLR)
The court found that the applicant, having served a substantial portion of his sentence and in light of the Probation Officer's recommendation for a non-custodial sentence, was a suitable candidate for a Community Service Order. The court exercised its discretion to substitute the remaining custodial sentence with a...
Source-derived case information.
- Citation
- [2024] KEHC 7467 (KLR)
- Parties
- Applicant: Lameck Kiage Ndega; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E031 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence substituted with community service order
- Judges
- WA Okwany
- Legal Topics
- Malicious Damage to Property, Breach of Peace, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lameck Kiage Ndega
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant was appropriate in light of the circumstances and the Sentence Review Report.
- 2 Whether the applicant should be granted a non-custodial sentence for the remainder of his term.
Ratio Decidendi
The court found that the applicant, having served a substantial portion of his sentence and in light of the Probation Officer's recommendation for a non-custodial sentence, was a suitable candidate for a Community Service Order. The court exercised its discretion to substitute the remaining custodial sentence with a community service order, emphasizing rehabilitation and reintegration into society. The decision was guided by the principle that sentencing should be individualized and responsive to the circumstances of the offender and the interests of justice.
Court Disposition
custodial sentence substituted with community service order
Orders
- The applicant shall serve a Community Service Order at Nyamasibi Location, Chief’s Office under the supervision of the Chief for the remaining period of his sentence (6 months).
Full Case Text
Judgment text and source record
20 paragraphs
Ndega v Republic (Criminal Revision E031 of 2024) [2024] KEHC 7467 (KLR) (13 May 2024) (Ruling)
Neutral citation: [2024] KEHC 7467 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E031 of 2024
WA Okwany, J
May 13, 2024
Between
Lameck Kiage Ndega
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E1068 of 2021 by Hon. C.W. Waswa, Resident Magistrate on 1st February 2022)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence malicious damage to property contrary to Section 339 (1) of the Penal Code and creating disturbance in a manner likely to cause a breach of peace contrary to Section 95 (1) (b) of the Penal Code. The trial court sentenced him to serve 5 years’ imprisonment.
2. The Applicant has served 2 years and 1 month of his sentence. The Sentence Review Report filed by the Probation Officer Samwel Chuma on 3rd April 2024 recommends a non-custodial sentence.
3. I hereby direct that the Applicant serves a Community Service Order at Nyamasibi Location, Chief’s Office under the supervision of the Chief for the remaining period of his sentence (6 months).
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF MAY 2024. W. A. OKWANY..................................JUDGEI certify that this is a true copy of theoriginalSignedDEPUTY REGISTRAR