[2022] KEHC 12810 (KLR)
The court found that although the applicant had served part of his custodial sentence for assault causing bodily harm and the victim and community expressed concerns about his release, there were no aggravating circumstances warranting continued incarceration. The court emphasized the dual objectives of punishment...
Source-derived case information.
- Citation
- [2022] KEHC 12810 (KLR)
- Parties
- Applicant: Washington Ochieng Opondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E044 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review After Conviction and Partial Service of Sentence
- Outcome
- Custodial sentence partially substituted with community service order.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Assault Causing Bodily Harm, Non Custodial Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Washington Ochieng Opondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review After Conviction and Partial Service of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence for assault causing bodily harm.
- 2 Whether the circumstances justify substitution of the remaining sentence with a non-custodial sentence.
Ratio Decidendi
The court found that although the applicant had served part of his custodial sentence for assault causing bodily harm and the victim and community expressed concerns about his release, there were no aggravating circumstances warranting continued incarceration. The court emphasized the dual objectives of punishment and rehabilitation, noting that the community is expected to support the reintegration of offenders. Given the absence of aggravating factors and the applicant's willingness to seek forgiveness and undergo rehabilitation, the court determined that the remainder of the sentence could be served as unpaid community service under close supervision, thereby balancing the interests of...
Court Disposition
Custodial sentence partially substituted with community service order.
Orders
- The convict Washington Ochieng Opondo shall be released from prison forthwith to serve unpaid community service at Kamrembo Siwandhe Primary School under close supervision of the Probation Officer, Ukwala, for a period of nine (9) months from the date of his release.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Opondo v Republic (Criminal Revision E044 of 2022) [2022] KEHC 12810 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12810 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E044 of 2022
RE Aburili, J
August 8, 2022
Between
Washington Ochieng Opondo
Applicant
and
Republic
Respondent
(Being an Application for sentence review, arising from conviction and sentence on 24/11/2021 at Ukwala PM Magistrates’ Court in Criminal Case No. 432 of 2021)
Ruling
1. The convict has served 8 months imprisonment of the two years prison term imposed on him on 24/11/2021 for the offence of assault causing bodily harm contrary to section 251 of the Penal Code. The victim of the offence and community are said to be against his release. He prays for non-custodial sentence and willing to seek for forgiveness from the victim widow and his former girlfriend and neighbour. He is single and aged 33 years.
2. The Sentence Review Report states that the life of the convict and security of the victim is not guaranteed. However, there are no aggravating circumstances as the community is expected to be law abiding and to aid in the rehabilitation of the offenders like the convict who shall nonetheless, complete his sentence and return home.
3. The law will take its course against those who threaten lives and limbs of others.
4. The convict too must know that he deserved punishment for his violence. He cannot be expected to be a security risk to the community and get away with it.
5. I hereby order that the convict Washington Ochieng Opondo shall be released from prison forthwith to serve unpaid community service at Kamrembo Siwandhe Primary School under close supervision of the Probation Officer, Ukwala, for a period of nine (9) months from the date of his release.
6. Orders accordingly.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE