[2023] KEHC 19613 (KLR)
The court found that, given the applicant's conviction on his own plea of guilty for creating disturbance and the probation officer's recommendation for a non-custodial sentence, the interests of justice would be better served by substituting the remaining custodial sentence with a Community Service Order. The court...
Source-derived case information.
- Citation
- [2023] KEHC 19613 (KLR)
- Parties
- Applicant: Patrick Ombuna Ombaye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E089 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to Community Service Order for the remainder of the sentence.
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Community Service Order, Breach of Peace, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Ombuna Ombaye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for creating disturbance was appropriate in light of the probation officer's recommendation for a non-custodial sentence.
- 2 Whether the applicant should serve the remainder of his sentence under a Community Service Order.
Ratio Decidendi
The court found that, given the applicant's conviction on his own plea of guilty for creating disturbance and the probation officer's recommendation for a non-custodial sentence, the interests of justice would be better served by substituting the remaining custodial sentence with a Community Service Order. The court exercised its revisionary jurisdiction to alter the sentence, directing that the applicant serve the remainder of his sentence performing community service under supervision, rather than in custody.
Court Disposition
Custodial sentence revised to Community Service Order for the remainder of the sentence.
Orders
- The applicant shall serve a Community Service Order at Gachuba Chief’s Office under the supervision of the area chief Mr Tom Ondieki for the remaining 2 and a half months of his sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Ombaye v Republic (Criminal Revision E089 of 2023) [2023] KEHC 19613 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19613 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E089 of 2023
WA Okwany, J
June 29, 2023
Between
Patrick Ombuna Ombaye
Applicant
and
Republic
Respondent
((From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E199 of 2023 by Hon. B.M. Kimutai, Principal Magistrate on 6th April 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty of the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of thePenal Code. The trial court sentenced him to serve 6 months imprisonment. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Gachuba Chief’s Office under the supervision of the area chief Mr Tom Ondieki for the remaining 2 and a half months of his sentence.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE