[2024] KEHC 2761 (KLR)
The court found that the applicant, having pleaded guilty to breaking into a building with intent to commit a felony and having served a substantial part of his sentence, was suitable for a community service order as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute...
Source-derived case information.
- Citation
- [2024] KEHC 2761 (KLR)
- Parties
- Applicant: David Nyaruri Ogumbo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E036 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Plea of Guilty, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Nyaruri Ogumbo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Probation Officer's recommendation for community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under community service.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to breaking into a building with intent to commit a felony and having served a substantial part of his sentence, was suitable for a community service order as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order to be served at Kaptembwa Police Station for two and a half months. This decision was guided by the need to decongest the prison and the positive recommendation in the Sentence Review Report, which found the applicant suitable for non-custodial rehabilitation.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Kaptembwa Police Station for two and a half months.
Full Case Text
Judgment text and source record
22 paragraphs
Ogumbo v Republic (Revision Case E036 of 2024) [2024] KEHC 2761 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2761 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E036 of 2024
HM Nyaga, J
March 14, 2024
Between
David Nyaruri Ogumbo
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of:Breaking into a building with intent to commit felony contrary to Section 307 of the Penal Code.The particulars are that; On the night of 25th day of July 2023 at Check Point Area in Nakuru West Sub County within Nakuru County, together with another before court broke and entered an mpesa shop belonging to Charles Kemboi and stole the following items; 5 mkopa phones, 7 button itel phones, 2 touch itel phones, 2 sky phones, 1 woofer sayona with two speakers, 1 bluetooth radio, 1 itel registration phone 3 screw drivers, 50 phone protectors, 30 back covers and airtel credit of Kshs. 580/= cash 96,500 total amounting to 300,000/=
3. He pleaded guilty and he was sentenced to; pay a fine of Kshs. 30,000/- in default six (6) months imprisonment.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kaptembwa Police Station.
6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kaptembwa Police Station for Two and a half months (2 ½) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 14THDAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state