[2024] KEHC 6555 (KLR)
The court found that, in light of the Sentence Review Report recommending a non-custodial sentence and considering the period already served by the applicant, it was just to substitute the remaining custodial sentence with a Community Service Order. The court exercised its revisionary jurisdiction to ensure the...
Source-derived case information.
- Citation
- [2024] KEHC 6555 (KLR)
- Parties
- Applicant: Veronica Nyaboke; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; custodial sentence substituted with Community Service Order for the remainder of the term.
- Judges
- WA Okwany
- Legal Topics
- Forcible Detainer, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronica Nyaboke
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court for the offence of forcible detainer was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence as recommended by the probation officer.
Ratio Decidendi
The court found that, in light of the Sentence Review Report recommending a non-custodial sentence and considering the period already served by the applicant, it was just to substitute the remaining custodial sentence with a Community Service Order. The court exercised its revisionary jurisdiction to ensure the sentence was proportionate and in line with rehabilitative justice, directing the applicant to serve the remainder of the sentence under supervision at the Nyamira Probation Office.
Court Disposition
Sentence revised; custodial sentence substituted with Community Service Order for the remainder of the term.
Orders
- The applicant shall serve a Community Service Order at Nyamira Probation Officer under the supervision of the officer in charge for the remaining part of her sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Nyaboke v Republic (Criminal Revision E092 of 2024) [2024] KEHC 6555 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6555 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E092 of 2024
WA Okwany, J
May 30, 2024
Between
Veronica Nyaboke
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E685 of 2022 by Hon. C.W. Waswa, Senior Resident Magistrate on 19th April 2023)
Ruling
1. The Applicant was convicted for the offence of forcible detainer contrary to Section 91 of the Penal Code. The trial court sentenced him to compensate the complainant in the sum of Kshs 100,000/= or in default to serve two (2) years’ imprisonment. The Applicant has served 4 months and 22 days of his sentence. The Sentence Review Report filed on 3rd April 2024 by Probation Officer Nelson Maroa recommends a non-custodial sentence. I hereby direct that the Applicant to serve a Community Service Order at Nyamira Probation Officer under the supervision of the officer in charge for the remaining part of her sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 30TH DAY OF MAY 2024. W.A. OKWANYJUDGE