[2023] KEHC 19824 (KLR)
The court found that, given the applicant had already served a significant portion of his sentence and the Probation Officer's report recommended a non-custodial sentence, it was appropriate to revise the custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining custodial...
Source-derived case information.
- Citation
- [2023] KEHC 19824 (KLR)
- Parties
- Applicant: Brian Nyakeya Joash Ondieki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 035 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised; applicant to serve remainder of sentence under Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Stealing Offence, Conveying Stolen Property, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Nyakeya Joash Ondieki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant was appropriate in light of the circumstances and the Sentence Review Report.
- 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 had already served a significant portion of his sentence and the Probation Officer's report recommended a non-custodial sentence, it was appropriate to revise the custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order at Nyambogo Primary School, under supervision, for the balance of the sentence. This approach balanced the need for punishment with the rehabilitative aims of sentencing and the applicant's circumstances.
Court Disposition
Custodial sentence revised; applicant to serve remainder of sentence under Community Service Order.
Orders
- The applicant shall serve a Community Service Order at Nyambogo Primary School under the supervision of the school Headmaster for the remaining part of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Ondieki v Republic (Criminal Revision 035 of 2023) [2023] KEHC 19824 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19824 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision 035 of 2023
WA Okwany, J
June 29, 2023
Between
Brian Nyakeya Joash Ondieki
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1149 of 2022 by Hon. W. Chepseba, Chief Magistrate on 8th May 2023)
Ruling
1. The Applicant was charged with the offence of stealing contrary to section 275 of the Penal Code and a second count of conveying stolen property contrary to section 323 as read with section 36 of the Penal Code and section 26 (i) of the Criminal Procedure Code. He was convicted by the trial court on his own plea of guilty and sentenced to serve 2 months imprisonment. The Applicant has already served 34 days in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Nelson Mandela recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Nyambogo Primary School under the supervision of the school Headmaster for the remaining part of the sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE