[2023] KEHC 27477 (KLR)
The court found that the sentence review report was favourable to the applicant and that the statutory requirements for issuing a community service order were satisfied. Consequently, the court exercised its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018 to review the applicant's...
Source-derived case information.
- Citation
- [2023] KEHC 27477 (KLR)
- Parties
- Applicant: Billy Rolex Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E099 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Applicant's custodial sentence reviewed and substituted with a community service order.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Stealing by Agent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Billy Rolex Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a community service order under the relevant law.
Ratio Decidendi
The court found that the sentence review report was favourable to the applicant and that the statutory requirements for issuing a community service order were satisfied. Consequently, the court exercised its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018 to review the applicant's custodial sentence and substitute it with a community service order. The applicant was assigned to perform community service work at Winam Law Courts for a period of four months, under the supervision of the head of station at Winam Law Courts.
Court Disposition
Applicant's custodial sentence reviewed and substituted with a community service order.
Orders
- The applicant's sentence of 2 years imprisonment is reviewed and substituted with a community service order for 4 months at Winam Law Courts.
- The applicant shall be supervised by the head of station Winam Law Courts during the period of community service.
Full Case Text
Judgment text and source record
18 paragraphs
Otieno v Republic (Criminal Revision E099 of 2023) [2023] KEHC 27477 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27477 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E099 of 2023
MS Shariff, J
October 18, 2023
Between
Billy Rolex Otieno
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Billy Rolex Otieno was charged and convicted of the offence of stealing by agent contrary to Section 283 (b) of the Penal Code in Winam SPM Cr. Case No. E559 of 2022. He was sentenced on 12th April, 2023 to serve 2 years imprisonment. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report and I find that the same is favourable to the Applicant. I thus pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 hereby review the Applicant’s sentence and I do hereby issue a Community Service Order assigning him community service work at Winam Law Courts for a period of 4 months.
3. The Applicant shall be supervised by the head of station Winam Law Courts during the said period.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE