[2023] KEHC 19622 (KLR)
The court found that, considering the applicant had already served four months in prison and the Probation Officer's report recommended a non-custodial sentence, it was just and appropriate to substitute the remaining custodial sentence with a Community Service Order. The court exercised its revisionary jurisdiction...
Source-derived case information.
- Citation
- [2023] KEHC 19622 (KLR)
- Parties
- Applicant: Dominic Nyamberi Oseko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E041 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- custodial sentence revised to community service order
- Judges
- WA Okwany
- Legal Topics
- Stealing Offence, Plea of Guilty, Sentencing, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Nyamberi Oseko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant upon conviction for stealing was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence as recommended by the probation officer.
Ratio Decidendi
The court found that, considering the applicant had already served four months in prison and the Probation Officer's report recommended a non-custodial sentence, it was just and appropriate to substitute the remaining custodial sentence with a Community Service Order. The court exercised its revisionary jurisdiction to ensure the sentence was proportionate and in line with rehabilitative justice, directing the applicant to serve the remainder of his sentence performing community service at Nyainobu Primary School under supervision.
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant shall serve a Community Service Order at Nyainobu Primary School under the supervision of the school Headteacher for the remaining part of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Oseko v Republic (Criminal Revision E041 of 2023) [2023] KEHC 19622 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19622 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E041 of 2023
WA Okwany, J
June 29, 2023
Between
Dominic Nyamberi Oseko
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1362 of 2022 by Hon. C.W. Waswa, Senior Resident Magistrate on 14th February 2023)
Ruling
1. The Applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. He was convicted on his own plea of guilty and the trial court ordered him to compensate the complainant in the sum of Kshs. 10,000/= or in default, to serve 1 year imprisonment. The Applicant has already served 4 months in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Dickson Kairu recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Nyainobu Primary School under the supervision of the school Headteacher for the remaining part of the sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE