[2025] KEHC 16847 (KLR)
The court found that the applicant, having pleaded guilty to stealing and served a substantial portion of his custodial sentence, was eligible for a non-custodial sentence in light of the favorable Sentence Review Report by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the...
Source-derived case information.
- Citation
- [2025] KEHC 16847 (KLR)
- Parties
- Applicant: Jones Oyaro Onsongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E004 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to community service order
- Judges
- WA Okwany
- Legal Topics
- Stealing Offence, Plea of Guilty, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jones Oyaro Onsongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant upon conviction for stealing should be revised to a non-custodial sentence.
- 2 Whether the applicant qualifies for a community service order based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to stealing and served a substantial portion of his custodial sentence, was eligible for a non-custodial sentence in light of the favorable Sentence Review Report by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order, considering the applicant's conduct, the period already served, and the recommendation for community-based rehabilitation. The court directed that the applicant serve the remainder of his sentence under supervision at Gitaru Chief’s Office, thereby promoting restorative justice and reintegration into the community.
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant shall serve a Community Service Order at Gitaru Chief’s Office under the supervision of the area Chief Mr. Richard Omayo for the remainder of his sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Onsongo v Republic (Criminal Revision E004 of 2025) [2025] KEHC 16847 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 16847 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E004 of 2025
WA Okwany, J
January 31, 2025
Between
Jones Oyaro Onsongo
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E142 of 2024 by Hon. C. Ombija Senior Resident Magistrate on 20th February 2024)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code. The trial court sentenced him to pay a fine of Kshs. 50,000/= or to serve twenty-four (24) months imprisonment in default. The Applicant has served nine (9) months of his sentence and is remaining with seven (7) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Ng’etich Nicholas Kibet recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at Gitaru Chief’s Office under the supervision of the area Chief Mr. Richard Omayo for the remainder of his sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE