[2023] KEHC 19818 (KLR)
The High Court found that the custodial sentence imposed by the trial court for possession of narcotic drugs was not appropriate in light of the probation officer's recommendation for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a Community...
Source-derived case information.
- Citation
- [2023] KEHC 19818 (KLR)
- Parties
- Applicant: Hesborn Ogetare Obed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E051 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence set aside; substituted with Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Narcotic Possession, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesborn Ogetare Obed
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for possession of narcotic drugs was appropriate in the circumstances.
- 2 Whether the applicant should be considered for a non-custodial sentence based on the probation officer's report.
Ratio Decidendi
The High Court found that the custodial sentence imposed by the trial court for possession of narcotic drugs was not appropriate in light of the probation officer's recommendation for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a Community Service Order, directing the applicant to serve at Birongo Primary School under supervision for 14 months. The decision was guided by the principle that sentencing should be individualized and consider rehabilitative options where suitable, especially for first-time or minor offenders.
Court Disposition
Custodial sentence set aside; substituted with Community Service Order.
Orders
- The applicant shall serve a Community Service Order at Birongo Primary School under the supervision of the area Assistant Chief for a period of 14 months.
Full Case Text
Judgment text and source record
17 paragraphs
Obed v Republic (Criminal Revision E051 of 2023) [2023] KEHC 19818 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19818 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E051 of 2023
WA Okwany, J
June 29, 2023
Between
Hesborn Ogetare Obed
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E242 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 24th April 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of being in possession of narcotic drugs contrary to section 3 (1) as read with section 3 (2) (a) of the Narcotic and Psychotropic Substances ControlAct No. 4 of 1994. The trial court sentenced him to serve 3 years imprisonment. The Report by Peter Mogusu Ayienda the Probation Officer filed on 14th June 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Birongo Primary School under the supervision of the area Assistant Chief for a period of 14 months.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE