[2024] KEHC 6508 (KLR)
The court found that the applicant, having served a substantial portion of his sentence and in light of the positive recommendation from the Probation Officer, was a suitable candidate for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence...
Source-derived case information.
- Citation
- [2024] KEHC 6508 (KLR)
- Parties
- Applicant: Kevin Makori Nyamao; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E038 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised; applicant to serve remainder under Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Burglary, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Makori Nyamao
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Sentence Review Report recommending a non-custodial sentence.
- 2 Whether the applicant is suitable for a Community Service Order for the remainder of his sentence.
Ratio Decidendi
The court found that the applicant, having served a substantial portion of his sentence and in light of the positive recommendation from the Probation Officer, was a suitable candidate for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a Community Service Order, directing the applicant to serve at the Bomorenda Location Chief’s Office under supervision. This decision was guided by the principles of rehabilitation and reintegration, as well as the statutory framework allowing for sentence revision and community service as an alternative to imprisonment.
Court Disposition
Custodial sentence revised; applicant to serve remainder under Community Service Order.
Orders
- The applicant shall serve a Community Service Order for the remainder of his sentence.
- The applicant is to work at Bomorenda Location Chief’s Office under the supervision of the area Chief Mr. Jared Onguso.
Full Case Text
Judgment text and source record
18 paragraphs
Nyamao v Republic (Criminal Revision E038 of 2024) [2024] KEHC 6508 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6508 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E038 of 2024
WA Okwany, J
May 30, 2024
Between
Kevin Makori Nyamao
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E496 of 2021 by Hon. B.M. Kimtai, Principal Magistrate on 15th December 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of burglary contrary to Section 304 (2) and stealing contrary to Section 279 (b) of the Penal Code. The trial court sentenced to serve 5 years imprisonment. The Applicant has already served 2 years and 9 months of his sentence. The Sentence Review Report filed on 3rd April 2024 by Probation Officer Peter Mogusu Ayienda recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order for the remainder of his sentence. He is to work at Bomorenda Location Chief’s Office under the supervision of the area Chief Mr. Jared Onguso.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 30TH DAY OF MAY 2024. W.A. OKWANYJUDGE