[2023] KEHC 19825 (KLR)
The court found that the applicant, having pleaded guilty to the offence of stealing and already served a significant portion of the custodial sentence, was a suitable candidate for a non-custodial sentence as recommended by the Probation Officer. The court exercised its discretion to substitute the remaining...
Source-derived case information.
- Citation
- [2023] KEHC 19825 (KLR)
- Parties
- Applicant: Abraham Nyangarama Osumo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 036 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence reviewed and substituted with a 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
Abraham Nyangarama Osumo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant was appropriate in light of the circumstances and the Sentence Review Report.
- 2 Whether the applicant should serve a non-custodial sentence for the offence of stealing.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to the offence of stealing and already served a significant portion of the custodial sentence, was a suitable candidate for a non-custodial sentence as recommended by the Probation Officer. The court exercised its discretion to substitute the remaining custodial sentence with a Community Service Order, considering the interests of justice, the applicant's circumstances, and the need for rehabilitation rather than further incarceration.
Court Disposition
Custodial sentence reviewed and substituted with a Community Service Order.
Orders
- The applicant shall serve a Community Service Order at Bosose Primary School under the supervision of the school Headteacher for the remaining part of the sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Osumo v Republic (Criminal Revision 036 of 2023) [2023] KEHC 19825 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19825 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision 036 of 2023
WA Okwany, J
June 29, 2023
Between
Abraham Nyangarama Osumo
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1233 of 2022 by Hon. B. Okong’o, Resident Magistrate on 2nd May 2023)
Ruling
1. The Applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of thePenal Code and convicted by the trial court on his own plea of guilty. The trial court ordered that he pays a fine of Kshs. 1,000/= and compensate the complainant for the stolen property in the sum of Kshs. 13,305/= or in default, to serve 6 months imprisonment. The Applicant has already served 43 days in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Edwin Kimaiyo recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Bosose 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