[2023] KEHC 27481 (KLR)
The court found that the probation officer's report was unfavourable to the applicant, and therefore, the requirements for substituting the custodial sentence with a Community Service Order were not met. As a result, the applicant was ordered to continue serving his sentence in custody. The court emphasized that the...
Source-derived case information.
- Citation
- [2023] KEHC 27481 (KLR)
- Parties
- Applicant: Nashon Ochieng Okatch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E031 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed. Applicant to continue serving sentence in custody.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Burglary, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nashon Ochieng Okatch
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised and substituted with a Community Service Order.
- 2 Whether the probation officer's report supports the applicant's request for sentence review.
Ratio Decidendi
The court found that the probation officer's report was unfavourable to the applicant, and therefore, the requirements for substituting the custodial sentence with a Community Service Order were not met. As a result, the applicant was ordered to continue serving his sentence in custody. The court emphasized that the discretion to grant a Community Service Order is contingent upon a favourable report and the satisfaction of statutory conditions, which were not present in this case.
Court Disposition
Application for revision of sentence dismissed. Applicant to continue serving sentence in custody.
Orders
- The applicant shall continue serving his sentence in custody.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
Okatch v Republic (Criminal Revision E031 of 2023) [2023] KEHC 27481 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27481 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E031 of 2023
MS Shariff, J
October 19, 2023
Between
Nashon Ochieng Okatch
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Nashon Ochieng Okatch was charged and convicted of the offence of burglary contrary to Section 304 (e) and stealing contrary to Section 263 as read with Section 275 of the Penal Code in Maseno SPM’s Cr. Case No. E364 of 2022. He was sentenced on 7th October, 2022 to imprisonment for a period of 2 years. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review by Probation Officer, Maseno and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.
4. File closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE