[2024] KEHC 10940 (KLR)
The court found that the applicant, convicted of stealing and sentenced to one year imprisonment, had only four months remaining on her sentence. The probation report indicated that she was remorseful and receptive to rehabilitation. In line with the Chief Justice's directive on decongestion and the positive...
Source-derived case information.
- Citation
- [2024] KEHC 10940 (KLR)
- Parties
- Applicant: Diana Oditsa Osogo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E059 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to community service order.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Non Custodial Sentences, Probation Reports, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Diana Oditsa Osogo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and remaining sentence justify a revision of her custodial sentence.
Ratio Decidendi
The court found that the applicant, convicted of stealing and sentenced to one year imprisonment, had only four months remaining on her sentence. The probation report indicated that she was remorseful and receptive to rehabilitation. In line with the Chief Justice's directive on decongestion and the positive probation report, the court determined that the applicant was eligible for a non-custodial sentence. Accordingly, the custodial sentence was revised to a community service order for the remainder of her term.
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant is placed on community service for four months at Wandia Primary School under the supervision of the officer in charge, Kiambu Probation Station.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Osogo v Republic (Criminal Revision E059 of 2024) [2024] KEHC 10940 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10940 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E059 of 2024
DR Kavedza, J
September 17, 2024
Between
Diana Oditsa Osogo
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that applicant was convicted by the trial court for the offence of stealing contrary to section 268(1) as read with 275 of the Penal Code. She was sentenced to serve one-year imprisonment.
3. According to the Letter from Prison dated 7th August 2024, the applicant has four months left to complete her sentence.
4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison and she is remorseful about committing the offence.
5. The findings in the probation report are in favour of the applicant and I accordingly find that she is eligible for a non-custodial sentence.
6. I therefore order that the applicant be placed on community service for four (4) months at Wandia Primary School, under the supervision of the officer in charge, Kiambu Probation Station.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17THDAY OF SEPTEMBER 2024. D. KAVEDZAJUDGE