[2022] KEHC 12807 (KLR)
The court held that since the applicant had already paid the fine imposed for the offence of assault and had been released from prison, there was no basis to consider him for a community service order. The purpose of a community service order is to provide an alternative to imprisonment, but where the sentence has...
Source-derived case information.
- Citation
- [2022] KEHC 12807 (KLR)
- Parties
- Applicant: Stephen Omole; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E023 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision declined; file closed.
- Judges
- RE Aburili
- Legal Topics
- Assault, Sentencing, Penal Code Section 251
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omole
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is eligible for a community service order after paying the fine imposed for assault contrary to section 251 of the Penal Code.
Ratio Decidendi
The court held that since the applicant had already paid the fine imposed for the offence of assault and had been released from prison, there was no basis to consider him for a community service order. The purpose of a community service order is to provide an alternative to imprisonment, but where the sentence has already been satisfied by payment of a fine, the order is not applicable. The application for revision was therefore declined and the file closed.
Court Disposition
Application for revision declined; file closed.
Orders
- Community service order is declined as the applicant has already paid the fine and been released.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Omole v Republic (Criminal Revision E023 of 2022) [2022] KEHC 12807 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12807 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E023 of 2022
RE Aburili, J
August 8, 2022
Between
Stephen Omole
Applicant
and
Republic
Respondent
(Being an Application seeking revision of sentence, arising from conviction and sentence in Siaya Chief Magistrates’ Court Criminal Case No. E679/2021 delivered on 26/5/2022 by Hon. L. Simiyu, Principal Magistrate)
Ruling
1. The convict is Stephen Omole. He was convicted and fined Kshs. 30,000/= and in default to serve six months imprisonment for the offence of assault contrary to section 251 of the Penal Code. This was on 26/5/2022, barely 3 months ago. He was jointly charged with his wife who paid the fine and was released earlier. The convict herein later paid the fine and he was released from prison.
2. For that reason, as the convict paid the fine imposed on him, he is not available to be considered for community service. CSO order is declined.
3. This file is closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE