[2024] KEHC 12782 (KLR)
The court found that, based on the Sentence Review Report by the probation officer recommending a non-custodial sentence and considering the period already served by the applicant, it was just and appropriate to revise the custodial sentence. The applicant was therefore placed on probation under the supervision of...
Source-derived case information.
- Citation
- [2024] KEHC 12782 (KLR)
- Parties
- Applicant: Isaac Keriago Ntabo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Revision Case E143 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised to probation for the remainder of the sentence.
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Probation Orders, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Keriago Ntabo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence for the offence of cutting down crops of cultivated produce.
- 2 Whether the recommendation for a non-custodial sentence by the probation officer should be adopted.
Ratio Decidendi
The court found that, based on the Sentence Review Report by the probation officer recommending a non-custodial sentence and considering the period already served by the applicant, it was just and appropriate to revise the custodial sentence. The applicant was therefore placed on probation under the supervision of the Senior Probation Officer at Nyamira for the remainder of his sentence, with a requirement to report to the Nyamira Probation Office. This decision was guided by the court's discretion under the Criminal Procedure Code to revise sentences in the interests of justice and rehabilitation.
Court Disposition
Custodial sentence revised to probation for the remainder of the sentence.
Orders
- The applicant shall be placed on probation under the supervision of the Senior Probation Officer at Nyamira for the remaining period of his sentence.
- The applicant is ordered to report to the Nyamira Probation Office.
Full Case Text
Judgment text and source record
17 paragraphs
Ntabo v Republic (Revision Case E143 of 2024) [2024] KEHC 12782 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12782 (KLR)
Republic of Kenya
In the High Court at Nyamira
Revision Case E143 of 2024
WA Okwany, J
October 15, 2024
Between
Isaac Keriago Ntabo
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E159 of 2021 by Hon. B. Okong’o, Resident Magistrate on 2nd November 2022)
Ruling
1. The Applicant herein was convicted on two counts of the offence of cutting down crops of cultivated produce contrary to Section 334 (a) of Penal Code. The trial court sentenced him to pay a fine of Kshs. 100,000/= and to compensate the complainant as they may agree or, in default, to serve 4 years’ imprisonment. The Applicant has now served 1 year and 10 months of his said sentence. The Sentence Review Report filed by Probation Officer Mr. Samwel Chuma on 3rd September 2024 recommends a non-custodial sentence. I therefore direct that the Applicant shall be placed on probation under the Supervision of the Senior Probation Officer at Nyamira, Mr. Samwel Chuma, for the remaining period of his sentence. He is also ordered to report to the Nyamira Probation Office.Orders accordingly.
DATED AND DELIVERED VIRTUALLY VIA MICROSOFT TEAMS ON THIS 15TH DAY OF OCTOBER 2024. W. A. OKWANYJUDGERULING – HC CR. REV. NO. E143 OF 2024 PAGE 1 OF 1