[2022] KEHC 12289 (KLR)
The court found that, based on the probation officer's report recommending community service and considering the short period remaining on the applicant's sentence, it was appropriate and just to allow the applicant to serve the remainder of her sentence on community service order at Ngenyi’s Chief’s Office until...
Source-derived case information.
- Citation
- [2022] KEHC 12289 (KLR)
- Parties
- Applicant: Yvone Kerubo Orina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E021 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed. Custodial sentence substituted with community service order until 29/8/2022.
- Judges
- JN Kamau
- Legal Topics
- Assault Causing Actual Bodily Harm, Child Neglect, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yvone Kerubo Orina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should serve the remainder of her custodial sentence on community service order as recommended by the probation officer.
- 2 Whether the sentence imposed was appropriate in light of the probation report.
Ratio Decidendi
The court found that, based on the probation officer's report recommending community service and considering the short period remaining on the applicant's sentence, it was appropriate and just to allow the applicant to serve the remainder of her sentence on community service order at Ngenyi’s Chief’s Office until 29/8/2022. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a community service order, aligning with the principles of rehabilitation and the welfare of the child.
Court Disposition
Application for revision allowed. Custodial sentence substituted with community service order until 29/8/2022.
Orders
- The applicant shall serve the remainder of her sentence on community service order at Ngenyi’s Chief’s Office until 29/8/2022.
Full Case Text
Judgment text and source record
16 paragraphs
Orina v Republic (Criminal Revision E021 of 2022) [2022] KEHC 12289 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12289 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E021 of 2022
JN Kamau, J
August 4, 2022
Between
Yvone Kerubo Orina
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted on his own plea of guilty for the offences of assault causing actual bodily harm contrary to Section 251 of the Penal Code Cap 63(Laws of Kenya). She was also charged with the offence of child neglect contrary to Section 127(1) (a) of the Children’s Act No. 8 of 2001. On October 26, 2021, she was sentenced to two (2) years which was to run from 29/4/2021. The same is to end on 29/8/2022. The Report by Peter Mogusu Ayienda Probation/ Community Service Officer that was filed on 1/8/2022 has recommended that she serves the remaining two (2) months on community service order at Ngenyi’s Chief’s Office. I hereby direct that the Applicant serves the community service order as recommended but until 29/8/2022. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST, 2022J. KAMAUJUDGE