[2024] KEHC 6511 (KLR)
The court found that the applicants, having pleaded guilty to burglary and stealing, had already served part of their custodial sentences. The Probation Officers' reports recommended non-custodial sentences, indicating the applicants were suitable for community service. The court exercised its revisionary...
Source-derived case information.
- Citation
- [2024] KEHC 6511 (KLR)
- Parties
- Applicant: Erick Monda Ondieki; Applicant: Edwin Nyauma Osumo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E074 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentences revised to Community Service Orders for the remainder of the sentence.
- Judges
- WA Okwany
- Legal Topics
- Burglary, Stealing, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Monda Ondieki
Applicant
Edwin Nyauma Osumo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the custodial sentence imposed on the applicants should be revised in light of the recommendations for a non-custodial sentence.
- 2 Whether the applicants are suitable for community service orders as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicants, having pleaded guilty to burglary and stealing, had already served part of their custodial sentences. The Probation Officers' reports recommended non-custodial sentences, indicating the applicants were suitable for community service. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentences with Community Service Orders, assigning each applicant to serve at designated Chief's Offices under supervision for the remainder of their sentences. This approach balanced the interests of justice, rehabilitation, and the recommendations of the probation officers.
Court Disposition
Custodial sentences revised to Community Service Orders for the remainder of the sentence.
Orders
- The 1st Applicant shall serve a Community Service Order at Sugututa Sub-location Chief’s Office under the supervision of the area Assistant Chief for the remaining period of his sentence.
- The 2nd Applicant shall serve a Community Service Order at Ramasha location Chief’s Office under the supervision of the Chief for the remaining period of his sentence.
Full Case Text
Judgment text and source record
24 paragraphs
Ondieki & another v Republic (Criminal Revision E074 of 2024) [2024] KEHC 6511 (KLR) (13 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6511 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E074 of 2024
WA Okwany, J
May 13, 2024
Between
Erick Monda Ondieki
1st Applicant
Edwin Nyauma Osumo
2nd Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E082 of 2024 by Hon. C. Ombija, Senior Resident Magistrate on 29th January 2024)
Ruling
1. The Applicants were each convicted on their own pleas of guilty for the offences of burglary contrary to Section 304 (2) and stealing contrary to Section 279 (b) of the Penal Code.
2. The trial court sentenced each of them to pay a fine of Kshs. 20,000/= or serve 6 months’ imprisonment. The Applicants have each already served 1 month of their sentences.
3. The Sentence Review Reports filed on 3rd April 2024 by the Probation Officers Mpaera Johnstone and Ngetich Nicholas Kibet in respect of the 1st Applicant and the 2nd Applicant respectively recommend a non-custodial sentence.
4. I hereby direct that the 1st Applicant serves a Community Service Order at Sugututa Sub-location Chief’s Office under the supervision of the area Assistant chief Mr, Metobo Tom for the remaining period of his sentence.
5. I also hereby direct that the 2nd Applicant serves a Community Service Order at Ramasha location Chief’s Office under the supervision of the chief Mr, Stanley Osumo for the remaining period of his sentence.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF MAY 2024. W. A. OKWANYJUDGE