[2019] KEHC 6216 (KLR)
The court found that the applicant, having been convicted of shop breaking and handling stolen goods, was sentenced to three years imprisonment. Upon review, the court considered the recovery of some of the stolen property and the probation officer's report, which indicated the applicant's suitability for a...
Source-derived case information.
- Citation
- [2019] KEHC 6216 (KLR)
- Parties
- Applicant: Nicholas Odero Matinde; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 13 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Shop Breaking, Handling Stolen Goods, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Odero Matinde
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the three-year custodial sentence imposed on the applicant for shop breaking and handling stolen goods should be revised to a non-custodial sentence.
- 2 Whether the applicant is suitable for a non-custodial sentence based on the probation officer's report.
Ratio Decidendi
The court found that the applicant, having been convicted of shop breaking and handling stolen goods, was sentenced to three years imprisonment. Upon review, the court considered the recovery of some of the stolen property and the probation officer's report, which indicated the applicant's suitability for a non-custodial sentence. The court exercised its discretion to revise the sentence, holding that the interests of justice would be served by releasing the applicant from prison to serve six months of unpaid community service at Bondo District Hospital under supervision, rather than continuing the custodial sentence.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The three-year custodial sentence is revised to a non-custodial sentence.
- The applicant shall be released from prison to serve unpaid community service at Bondo District Hospital for six months from the date of release.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 13 OF 2019
(CORAM: HON. R.E. ABURILI - J)
NICHOLAS ODERO MATINDE.....APPLICANT
AND
REPUBLIC.....................................RESPONDENT
(An application for revision of sentence imposed by Bondo PM’s Court in Cr Case No. 1066 of 2018 delivered on 21st February 2019)
RULING
1. The Applicant, Nicholas Odero Matinde aged 25 years old was jointly charged with 8 others with the offences of shop breaking and committing a Felony contrary to Section 306 (a) of the Penal Code. They were also charged with the Alternative Offence of handling stolen goods contrary to Section 322(1)(2) of the Penal Code.
2. The stolen property belonged to Kennedy Ochieng Sigungu and it comprised cooking oil, milk, bar soaps, rice, sugar and a Shop Licence. The accused persons pleaded not guilty before Bondo PM’s Court vide Criminal Case No. 1066/2018.
3. The Convict Applicant was found guilty and sentenced to serve 3 years in prison.
4. The court record shows that the Complainant recovered his property, some of which was recovered from the convict.
5. I have considered the Application for Revision of sentence of 3 years from 21/2/2019.
6. I have also considered the Probation Officer’s Report filed on 9/5/2019.
7. I am satisfied that the applicant convict can benefit from revision of the three year prison sentence to a non-custodial sentence.
8. Accordingly, I revise the three year sentence and order that the Applicant/Convict Nicholas Odero Matinde shall be released from prison to serve unpaid Community Service at Bondo District Hospital for a period of six months from date of release and that he shall be closely supervised by the Probation Officer to ensure he undertakes the tasks given without default.
9. Orders accordingly.
Dated, signed and Delivered at Siaya, this 12th day of June 2019.
R.E. ABURILI
JUDGE