[2023] KEHC 19607 (KLR)
The court found that, considering the applicant had already served part of the custodial sentence and the Probation Officer's recommendation for a non-custodial sentence, it was appropriate to substitute the remaining term of imprisonment with a Community Service Order. The court exercised its discretion under the...
Source-derived case information.
- Citation
- [2023] KEHC 19607 (KLR)
- Parties
- Applicant: Augustine Ogwara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E071 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed and substituted with a Community Service Order for the remainder of the sentence.
- Judges
- WA Okwany
- Legal Topics
- Sentence Review, Community Service Order, Breach of Peace, Penal Code Section 95
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Augustine Ogwara
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for creating disturbance was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court found that, considering the applicant had already served part of the custodial sentence and the Probation Officer's recommendation for a non-custodial sentence, it was appropriate to substitute the remaining term of imprisonment with a Community Service Order. The court exercised its discretion under the Criminal Procedure Code to ensure the sentence was proportionate and in line with rehabilitative justice, directing that the applicant serve the remainder of the sentence under supervision at the Chief's Office in West Mugirango.
Court Disposition
Custodial sentence reviewed and substituted with a Community Service Order for the remainder of the sentence.
Orders
- The applicant shall serve a Community Service Order at the Chief's Office in West Mugirango under the supervision of the Chief for the remaining part of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Ogwara v Republic (Criminal Revision E071 of 2023) [2023] KEHC 19607 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19607 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E071 of 2023
WA Okwany, J
June 29, 2023
Between
Augustine Ogwara
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E642 of 2022 by Hon. W.K. Chepseba, Chief Magistrate on 27th February 2023)
Ruling
1. The Applicant was convicted of the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the Penal Code. The trial court sentenced her to serve one 6 months imprisonment and she has already served 2 months in custody. The Sentence Review Report filed on June 13, 2023 by Dickson Kairu, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Chief’s Office in West Mugirango under the supervision of the Chief for the remaining part of the sentence meted by the trial court.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE