[2023] KEHC 19812 (KLR)
The court found that, given the probation officer's recommendation for a non-custodial sentence and the applicant's completion of a significant portion of the custodial sentence (94 days), it was appropriate to revise the sentence. The court exercised its discretion to substitute the remaining custodial sentence...
Source-derived case information.
- Citation
- [2023] KEHC 19812 (KLR)
- Parties
- Applicant: Joshua Nyatuka Nyaboti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E070 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with Community Service Order
- Judges
- WA Okwany
- Legal Topics
- Burglary, Stealing, Handling Stolen Goods, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Nyatuka Nyaboti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the probation officer's recommendation for a non-custodial sentence.
- 2 Whether the applicant is suitable for a Community Service Order given the circumstances of the offence and time already served.
Ratio Decidendi
The court found that, given the probation officer's recommendation for a non-custodial sentence and the applicant's completion of a significant portion of the custodial sentence (94 days), it was appropriate to revise the sentence. The court exercised its discretion to substitute the remaining custodial sentence with a Community Service Order at the Chief’s Camp Bosamaro Msaba location, under the supervision of the Chief, for the remainder of the sentence. This approach balanced the interests of justice, rehabilitation, and the applicant's circumstances.
Court Disposition
sentence revised; custodial sentence substituted with Community Service Order
Orders
- The applicant shall serve a Community Service Order at the Chief’s Camp Bosamaro Msaba location under the supervision of the Chief for the remaining part of the sentence.
Full Case Text
Judgment text and source record
16 paragraphs
Nyaboti v Republic (Criminal Revision E070 of 2023) [2023] KEHC 19812 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19812 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E070 of 2023
WA Okwany, J
June 29, 2023
Between
Joshua Nyatuka Nyaboti
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1069 of 2022 by Hon. B. Okong’o, Resident Magistrate on 1st March 2022)
Ruling
1. The applicant was charged with thee offence of burglary contrary to section 304 (2) and stealing contrary to section 279 (b) of the Penal Code. An alternative charge of handling stolen goods contrary to section 322 (1) as read with section 322 (2) of the Penal Code was also brought against him. He convicted by the trial court of the two charges and sentences to pay a fine of Kshs 50,000/= or in default to serve 1 year imprisonment. The applicant has already served 94 days in prison. The sentence review report filed on June 13, 2023 by the probation officer Nelson Mandela recommends a non-custodial sentence. I hereby direct that the applicant serves a Community Service Order at the Chief’s Camp Bosamaro Msaba location under the supervision of the Chief for the remaining part of the sentence.Orders accordingly.DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE