[2022] KEHC 10979 (KLR)
The court found that the applicant, having been convicted on his own plea of guilty and having already served a significant period in custody, was a suitable candidate for a community service order as recommended by the probation officer. The court applied Section 333(2) of the Criminal Procedure Code to ensure the...
Source-derived case information.
- Citation
- [2022] KEHC 10979 (KLR)
- Parties
- Applicant: Joshua Nyamwenga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E023 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; custodial sentence substituted with community service order.
- Judges
- JN Kamau
- Legal Topics
- Burglary, Stealing, Handling Stolen Property, Sentencing, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Nyamwenga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for a community service order in lieu of imprisonment under the circumstances.
- 2 Whether the period spent in custody prior to sentencing should be considered in determining the applicant's sentence.
Ratio Decidendi
The court found that the applicant, having been convicted on his own plea of guilty and having already served a significant period in custody, was a suitable candidate for a community service order as recommended by the probation officer. The court applied Section 333(2) of the Criminal Procedure Code to ensure the period spent in custody was considered, and directed that the applicant serve the remainder of his sentence as a community service order at Keroka Probation offices until 20/10/2022.
Court Disposition
Application for revision allowed; custodial sentence substituted with community service order.
Orders
- The applicant shall serve a community service order at Keroka Probation offices under supervision until 20/10/2022.
Full Case Text
Judgment text and source record
16 paragraphs
Nyamwenga v Republic (Criminal Revision E023 of 2022) [2022] KEHC 10979 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10979 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E023 of 2022
JN Kamau, J
August 4, 2022
Between
Joshua Nyamwenga
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of burglary contrary to Section 304(2) and stealing contrary to Section 279(b) of the Penal Code Cap 63 (Laws of Kenya). He was also charged with Alternative charge of handling stolen property contrary to Section 322(1) as read with Section 322(2) of the Penal Code. He was convicted on his own plea of guilty and sentenced to two (2) years imprisonment on 30/6/2021. He was arrested on 20/6/2021. The Report by Ngetich Nicholas Kibet Probation Officer that was filed on 1/8/2022 has recommended that the Applicant serve Community Service order at Keroka Probation offices under his supervision. Taking into account the date of the Applicant’s arrest and the date of his sentence in line with section 333(2) of the Criminal Procedure Code Cap 75 (Laws of Kenya), I hereby direct that the Applicant serve community service order as proposed in the aforesaid Report until 20/10/2022. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022J. KAMAUJUDGE