[2023] KEHC 27621 (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. Accordingly, 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 27621 (KLR)
- Parties
- Applicant: Erick Onyango Ohuru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E090 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Applicant's custodial sentence reviewed and substituted with a community service order for six months.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Obtaining by False Pretenses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Onyango Ohuru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence 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. Accordingly, 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 for a period of six months at Winam Probation Station, under the supervision of the Probation Officer.
Court Disposition
Applicant's custodial sentence reviewed and substituted with a community service order for six months.
Orders
- The applicant's sentence of two years imprisonment is reviewed and substituted with a community service order for six months at Winam Probation Station.
- The applicant shall be supervised by the Probation Officer, Winam Probation Office during the period of community service.
Full Case Text
Judgment text and source record
18 paragraphs
Ohuru v Republic (Criminal Revision E090 of 2023) [2023] KEHC 27621 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27621 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E090 of 2023
MS Shariff, J
October 18, 2023
Between
Erick Onyango Ohuru
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Erick Onyango Ohuru was charged and convicted of the offence of obtaining money by false pretenses contrary to Section 313 of the Penal Code in Winam SPM Cr. Case No. 103 of 2020. He was sentenced on 28th April, 2023 to serve 2 years imprisonment. 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 11th August 2023 and I find that the same is favourable to the Applicant. I thus pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 hereby review the Applicant’s sentence and I do hereby issue a Community Service Order assigning him community service work at Winam Probation Station for a period of 6 months.
3. The Applicant shall be supervised by the Probation Officer, Winam Probation Office during the said period.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE