[2022] KEHC 12842 (KLR)
The court found that the applicant, a 22-year-old orphan with no fixed abode, had been sentenced to six months imprisonment for breaking into a shop with intent to commit a felony. The presentence report indicated that the applicant acted out of hunger and poverty, and that he lacked mentorship and means of support....
Source-derived case information.
- Citation
- [2022] KEHC 12842 (KLR)
- Parties
- Applicant: Willis Omondi Olaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E025 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Sentence revised; applicant released from prison to serve community service for remainder of term.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Community Service Orders, Plea of Guilty, Presentence Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Willis Omondi Olaka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of six months imprisonment imposed on the applicant was appropriate in light of the presentence report and the applicant's circumstances.
- 2 Whether the applicant should be released from prison to serve a non-custodial sentence of community service.
Ratio Decidendi
The court found that the applicant, a 22-year-old orphan with no fixed abode, had been sentenced to six months imprisonment for breaking into a shop with intent to commit a felony. The presentence report indicated that the applicant acted out of hunger and poverty, and that he lacked mentorship and means of support. The court determined that continued incarceration was not appropriate given the applicant's circumstances and the rehabilitative aims of sentencing. Instead, the court ordered the applicant's release from prison to serve the remainder of his sentence as community service at the Siaya County Assembly, under supervision, to facilitate his rehabilitation and reintegration into...
Court Disposition
Sentence revised; applicant released from prison to serve community service for remainder of term.
Orders
- The applicant Willis Omondi Olaka is released from prison to serve community service at Siaya County Assembly for the remainder of the prison term.
- The community service shall be performed under the close supervision of the Court Administrator, Siaya law courts, and the office of the clerk of the county assembly.
Full Case Text
Judgment text and source record
23 paragraphs
Olaka v Republic (Criminal Revision E025 of 2022) [2022] KEHC 12842 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12842 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E025 of 2022
RE Aburili, J
August 8, 2022
Between
Willis Omondi Olaka
Applicant
and
Republic
Respondent
(Being an Application seeking revision of sentence, arising from conviction and sentence in Siaya Chief Magistrates’ Court Criminal Case No. E062/2022 by Hon. M.Wambani, Chief Magistrate)
Ruling
1. On 3/3/2022 the convict Willis Omondi Alaka was convicted and sentenced on his own plea of guilty for the offence of breaking into shop with intent to commit the felony contrary to section 307 of the Penal Code(Stealing) by entering the shop of Alphine Okoth.
2. He was sentenced to serve six (6) months imprisonment after the trial court received a presentence report on him, showing that he had no fixed abode.
3. However, the presentence report shows that his family is identifiable. He is an orphan whose parents died leaving him as a toddler and he was raised by relatives at Karapul where the offence took place. It is claimed that he was hungry and so he wanted food which prompted him to break into the premises of the complainant.
4. Due to poverty as described in the presentence report, he survives by doing menial jobs for people. Karapul is next to Siaya law courts, and most government offices including the county government and county assembly. This is a 22 year old young man who lacks mentorship and means of supporting himself. He needs assistance to be rehabilitated. He has been in prison for 6 months.
5. I order that the convict Willis Omondi Alaka be released from prison to serve community service at Siaya County Assembly to clean the county assembly public garden for the remainder of the prison term, under the close supervision of the Court Administrator, Siaya law courts and the office of the clerk of the county assembly and not to reoffend.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE