[2023] KEHC 27480 (KLR)
The court found the sentence review report to be favourable to the applicant and, pursuant to Section 3 of the Community Service Orders Act No. 8 of 2018, determined that the custodial sentence should be reviewed. The court exercised its discretion to substitute the sentence of a fine and imprisonment with a...
Source-derived case information.
- Citation
- [2023] KEHC 27480 (KLR)
- Parties
- Applicant: Selestinus Ouma Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E108 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence reviewed and substituted with community service order
- Judges
- MS Shariff
- Legal Topics
- Robbery Offences, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Selestinus Ouma Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be reviewed and substituted with a community service order under the relevant law.
Ratio Decidendi
The court found the sentence review report to be favourable to the applicant and, pursuant to Section 3 of the Community Service Orders Act No. 8 of 2018, determined that the custodial sentence should be reviewed. The court exercised its discretion to substitute the sentence of a fine and imprisonment with a community service order, assigning the applicant to perform community service at Winam Law Courts for four months under supervision. The decision was based on the positive recommendation in the sentence review report and the statutory framework permitting such substitution where appropriate.
Court Disposition
sentence reviewed and substituted with community service order
Orders
- The applicant's sentence is reviewed and substituted with a community service order for a period of four months at Winam Law Courts.
- The applicant shall be supervised by the head of station during the period of community service.
Full Case Text
Judgment text and source record
18 paragraphs
Onyango v Republic (Criminal Revision E108 of 2023) [2023] KEHC 27480 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27480 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E108 of 2023
MS Shariff, J
October 18, 2023
Between
Selestinus Ouma Onyango
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Selestinus Ouma Onyango was charged and convicted of the offence of robbery contrary to Section 295 as read with Section 296 (2) of the Penal Code in Winam SPM Cr. Case No. E029 of 2023. He was sentenced on 27th April, 2023 to pay a fine of Kshs.40,000 in default imprisonment for a period of 2 years. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 11th August 2023 and I find that the same is favourable to the Applicant. I thus pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 hereby review the Applicant’s sentence and I do hereby issue a Community Service Order assigning him community service work at Winam Law Courts for a period of 4 months.
3. The Applicant shall be supervised by the head of station during the said period.
Delivered, signed and dated at Kisumu this 18th day of October, 2023. MWANAISHA S. SHARIFFJUDGE