[2023] KEHC 27478 (KLR)
The court found that the sentence review report was favourable to the applicant and that the statutory requirements for issuing a community service order were satisfied. Consequently, the court exercised its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018 to review the applicant's...
Source-derived case information.
- Citation
- [2023] KEHC 27478 (KLR)
- Parties
- Applicant: Alex Jerim Ogallo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E100 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Applicant's custodial sentence reviewed and substituted with a community service order.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Jerim Ogallo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence for causing grievous harm should be reviewed and substituted with a community service order.
Ratio Decidendi
The court found that the sentence review report was favourable to the applicant and that the statutory requirements for issuing a community service order were satisfied. Consequently, the court exercised its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018 to review the applicant's custodial sentence and substitute it with a community service order. The applicant was assigned to perform community service duties at Nyalunya Primary School for a period of 8 months, under the supervision of the head teacher.
Court Disposition
Applicant's custodial sentence reviewed and substituted with a community service order.
Orders
- Applicant's sentence of 3 years imprisonment is reviewed and substituted with a community service order for 8 months at Nyalunya Primary School.
- The head teacher of Nyalunya Primary School shall supervise the applicant during the period of community service.
Full Case Text
Judgment text and source record
18 paragraphs
Ogallo v Republic (Criminal Revision E100 of 2023) [2023] KEHC 27478 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27478 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E100 of 2023
MS Shariff, J
October 17, 2023
Between
Alex Jerim Ogallo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Alex Jerim Ogallo was charged and convicted of causing grievous harm contrary to Section 234 of the Penal code in Winam SPM Criminal Case No. 684 of 2021. He was sentenced to serve 3 years custodial sentence. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 9th August 2021 and note that the same is favourable wherefore I do hereby, pursuant to the provisions of Section 3 of the Community Service order No. 8 of 2018 make a Community Service Order by reviewing the Applicant’s sentence and I hereby assign him community service duties at Nyalunya Primary School for a period of 8 months.
3. The head teacher of Nyalunya Primary School shall supervise the Applicant during the said period.
Delivered, signed and dated at Kisumu this 17th day of October, 2023. MWANAISHA S. SHARIFFJUDGE