[2023] KEHC 27455 (KLR)
The court found that the applicant was not eligible for review of his sentence under the Community Service Order at this juncture because the complainant, community, and local administration opposed his release, and he had only served five months of a four-year sentence. The seriousness of the offence, involving...
Source-derived case information.
- Citation
- [2023] KEHC 27455 (KLR)
- Parties
- Applicant: Benard Ouma Ouko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E023 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence review under the Community Service Order dismissed.
- Judges
- MS Shariff
- Legal Topics
- Malicious Damage to Property, Sentencing Review, Community Service Order, Economic Crimes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Ouma Ouko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for review of sentence under the Community Service Order at this stage.
- 2 Whether the applicant's sentence should be revised considering the views of the complainant, community, and local administration.
Ratio Decidendi
The court found that the applicant was not eligible for review of his sentence under the Community Service Order at this juncture because the complainant, community, and local administration opposed his release, and he had only served five months of a four-year sentence. The seriousness of the offence, involving malicious damage to property and economic crime affecting public utility, further weighed against early release. The applicant was advised that he may apply for review at a later date when circumstances may have changed.
Court Disposition
Application for sentence review under the Community Service Order dismissed.
Orders
- The application for review of sentence under the Community Service Order is dismissed.
- The applicant may apply for review at a later date.
Full Case Text
Judgment text and source record
19 paragraphs
Ouko v Republic (Criminal Revision E023 of 2023) [2023] KEHC 27455 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27455 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E023 of 2023
MS Shariff, J
October 17, 2023
Between
Benard Ouma Ouko
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged and convicted of the offence of malicious damage to property contrary to Section 339 (1) of the Penal Code in Nyando SPM Cr. Case No. E227 of 2023. The Applicant was sentenced to serve two years imprisonment on each of the two counts that he faced with an alternative of a fine of Kshs.50,000 on each count.
2. The Applicant had vandalized and stolen water pipes belonging to Kisumu Water Services Company Limited whereof he had committed an economic crime that was geared towards denying the residence of his locality access to water supply.
3. I have perused the sentence review report dated 1st August 2023 filed herein on 23rd august, 2023 and I note that whereas his family members desire that he be released under the provisions of the Community Service Order, the complainant does not and so is the community and the local administration. In any event the Applicant was sentenced on 5th May, 2023 and has only served a period of 5 months of his 4 years sentence.
4. On the balance I find that the Applicant is not eligible for review of his sentence under the Community Service Order at this juncture. The Applicant is at liberty to apply at a later date.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 17TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE