[2023] KEHC 3311 (KLR)
The court found that the applicant had served part of his custodial sentence for assault causing actual bodily harm and that the probation officer's report was positive, recommending early release on probation. The applicant was found to be remorseful, obedient, without prior criminal record, and responsible. In...
Source-derived case information.
- Citation
- [2023] KEHC 3311 (KLR)
- Parties
- Applicant: Dishon Odera Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E070 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision allowed. Applicant released from prison to perform community service.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Causing Actual Bodily Harm, Probation, Community Service, Early Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dishon Odera Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for early release from imprisonment to serve the remainder of his sentence on probation or community service.
- 2 Whether the sentence review report supports the applicant's release on probation.
Ratio Decidendi
The court found that the applicant had served part of his custodial sentence for assault causing actual bodily harm and that the probation officer's report was positive, recommending early release on probation. The applicant was found to be remorseful, obedient, without prior criminal record, and responsible. In exercise of its revisionary jurisdiction, the court ordered the applicant's release from prison to perform community service for four months under supervision, considering the interests of justice and rehabilitation.
Court Disposition
Application for sentence revision allowed. Applicant released from prison to perform community service.
Orders
- The applicant is released from prison forthwith to perform community service at Winam Law Courts for a period of four months under the supervision of the Senior Principal Magistrate, Winam Law Courts.
- This order to be extracted and served on the Probation Officer, Winam Law Courts and Prison authorities at Kisumu Medium.
Full Case Text
Judgment text and source record
22 paragraphs
Ochieng v Republic (Criminal Revision E070 of 2022) [2023] KEHC 3311 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3311 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E070 of 2022
RE Aburili, J
April 13, 2023
Between
Dishon Odera Ochieng
Applicant
and
Republic
Respondent
Ruling
1. This matter was filed on July 8, 2022 following a sentence revision request and report filed on June 28, 2022 by the Probation Officer, Winam.
2. The Convict Dishon Odera Ochieng was sentenced to serve three (3) years imprisonment on March 31, 2022 for the offence of assault causing actual bodily harm. He is to complete sentence on March 31, 2024. He has now served one (1) year in prison.
3. The sentence review report dated June 28, 2022 was positive that he was suitable for early release on probation for two (2) years and nine (9) months at Winam Probation office.
4. That he was remorseful, obedient and had no other criminal record, was a hardworking and responsible person.
5. As the convict has served part of the sentence imposed, I hereby order for his release from prison forthwith to perform community service at Winam Law Courts for a period of four months under the supervision of the Senior Principal Magistrate, Winam Law Courts.
6. This order to be extracted and served on the Probation Officer, Winam Law Courts and Prison authorities at Kisumu Medium.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE