[2024] KEHC 3436 (KLR)
The court found that the applicant, having pleaded guilty, shown remorse, and demonstrated rehabilitation as evidenced by the positive probation report and the support of the prison authorities, was suitable for a non-custodial sentence. The existence of victim-offender mediation, as indicated by the complainant's...
Source-derived case information.
- Citation
- [2024] KEHC 3436 (KLR)
- Parties
- Applicant: Philemon Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E066 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Sentence revised; applicant to serve remaining period as community service order.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Plea of Guilty, Non Custodial Sentence, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philemon Odongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence based on the probation report and other circumstances.
- 2 Whether the sentence imposed should be revised in light of the applicant's remorse, rehabilitation, and victim-offender mediation.
Ratio Decidendi
The court found that the applicant, having pleaded guilty, shown remorse, and demonstrated rehabilitation as evidenced by the positive probation report and the support of the prison authorities, was suitable for a non-custodial sentence. The existence of victim-offender mediation, as indicated by the complainant's statement of atonement, further supported the appropriateness of revising the sentence. The court concluded that the remaining period of the applicant's sentence could be effectively served through a community service order at Pioneer Health Centre, thereby fulfilling the rehabilitative and reparative objectives of sentencing.
Court Disposition
Sentence revised; applicant to serve remaining period as community service order.
Orders
- The applicant shall serve a community service order for two months at Pioneer Health Centre.
Full Case Text
Judgment text and source record
20 paragraphs
Odongo v Republic (Criminal Revision E066 of 2024) [2024] KEHC 3436 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3436 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E066 of 2024
RN Nyakundi, J
April 11, 2024
Between
Philemon Odongo
Applicant
and
Republic
Respondent
Ruling
Representation:Mark Mugun for the state 1. The applicant was charged and sentenced on his own plea of guilty to a fine of Kshs. 20,000/= and in default 12 months imprisonment for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code.
2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p) &(q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.
3. The applicant seeks a sentence review based on the Probation sentence report filed on 26th March, 2024. The report is positive and recommends him for a community service order at Pioneer health centre.
4. The applicant admits to this offence, he is remorseful and is willing to serve a non-custodial sentence. The prison authorities equally indicated that the applicant has reformed The nucleus of any correctional system is its rehabilitative and reparative functions.
5. In my considered view and taking into consideration the probation report, the period served by the applicant has shaped his character. The remaining period of 2 months can be utilized through a non-custodial sentence. The statement of atonement by the complainant, who is his brother indicates that there must have been a victim-offender mediation. From the foregoing, I believe the applicant is suitable for a non-custodial sentence. A community service order is therefore efficient for the remaining period. He is directed to serve the same for two months at Pioneer Health center.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11THDAY OF APRIL 2024. ........................R. NYAKUNDIJUDGE