[2023] KEHC 19597 (KLR)
The court found that, in light of the Sentence Review Report recommending a non-custodial sentence and the applicant having already served four months in custody, it was appropriate to revise the custodial sentence. The court exercised its discretion to substitute the remaining term of imprisonment with a Community...
Source-derived case information.
- Citation
- [2023] KEHC 19597 (KLR)
- Parties
- Applicant: Douglas Nyakundi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E030 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to community service order.
- Judges
- WA Okwany
- Legal Topics
- Malicious Damage to Property, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Nyakundi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for malicious damage to property was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court found that, in light of the Sentence Review Report recommending a non-custodial sentence and the applicant having already served four months in custody, it was appropriate to revise the custodial sentence. The court exercised its discretion to substitute the remaining term of imprisonment with a Community Service Order at the Chief’s Camp Bonyamatuta Masaba under supervision, holding that this would serve the ends of justice and rehabilitation.
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant shall serve a Community Service Order at the Chief’s Camp Bonyamatuta Masaba under the supervision of the Chief for the remaining part of the sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Nyakundi v Republic (Criminal Revision E030 of 2023) [2023] KEHC 19597 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19597 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E030 of 2023
WA Okwany, J
June 29, 2023
Between
Douglas Nyakundi
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E063 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 15th February 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for two counts of the offence of malicious damage to property contrary to section 339 (1) as read with section 339 (3) (b) of the Penal Code.
2. The trial court sentenced him to serve four years imprisonment for each count to run concurrently. The Applicant has already served 4 months in custody. The Sentence Review Report filed on June 13, 2023 by Nelson Mandela, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Chief’s Camp Bonyamatuta Masaba under the supervision of the Chief for the remaining part of the sentence meted by the trial court.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE