[2023] KEHC 19823 (KLR)
The court found that the applicant, having been convicted on his own plea of guilty for stealing and having already served 130 days in prison, was a suitable candidate for a non-custodial sentence as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remaining...
Source-derived case information.
- Citation
- [2023] KEHC 19823 (KLR)
- Parties
- Applicant: Fain Sarange Ondieki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E039 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- WA Okwany
- Legal Topics
- Stealing Offence, Sentencing Review, Community Service Order
- 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
Fain Sarange Ondieki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence in light of the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having been convicted on his own plea of guilty for stealing and having already served 130 days in prison, was a suitable candidate for a non-custodial sentence as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order at Igenaitembe Primary School, under supervision, for the remainder of the sentence. This decision balanced the interests of justice, the applicant's rehabilitation, and the need for restitution to the complainant.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant shall serve a Community Service Order at Igenaitembe Primary School under the supervision of the school Headteacher for the remaining part of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Ondieki v Republic (Criminal Revision E039 of 2023) [2023] KEHC 19823 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19823 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E039 of 2023
WA Okwany, J
June 29, 2023
Between
Fain Sarange Ondieki
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1339 of 2022 by Hon. B. Okong’o, Resident Magistrate on 24th January 2023)
Ruling
1. The Applicant was charged with the offence of stealing contrary to section 278 A of the Penal Code. He was convicted on his own plea of guilty and sentence by the trial court to pay a fine of Kshs. 20,000/= and compensate the complainant for the stolen property in the sum of Kshs. 216,376/= or in default, to serve 3 years imprisonment. The Applicant has already served 130 days in prison. The Sentence Review Report filed on 13th June 2023 by the Probation Officer Edwin Kimaiyo recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Igenaitembe Primary School under the supervision of the school Headteacher for the remaining part of the sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE