[2023] KEHC 19616 (KLR)
The court found that, considering the applicant had already served 8 months in prison and the Probation Officer's Sentence Review 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 discretion...
Source-derived case information.
- Citation
- [2023] KEHC 19616 (KLR)
- Parties
- Applicant: Job Ouru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E060 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence substituted with community service order
- Judges
- WA Okwany
- Legal Topics
- Assault on Police Officer, Obstruction of Police, Resisting Arrest, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Job Ouru
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 be granted a non-custodial sentence for the remaining part of his sentence.
Ratio Decidendi
The court found that, considering the applicant had already served 8 months in prison and the Probation Officer's Sentence Review 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 discretion under the Criminal Procedure Code to review the sentence, emphasizing the importance of rehabilitation and proportionality in sentencing. The applicant was thus ordered to serve the remainder of his sentence performing community service at Orwaki Primary School under supervision.
Court Disposition
custodial sentence substituted with community service order
Orders
- The applicant shall serve a Community Service Order at Orwaki Primary School under the supervision of the school Headmaster for the remaining part of the sentence.
Full Case Text
Judgment text and source record
19 paragraphs
Ouru v Republic (Criminal Revision E060 of 2023) [2023] KEHC 19616 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19616 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E060 of 2023
WA Okwany, J
June 29, 2023
Between
Job Ouru
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. B. Okong’o, Resident Magistrate on 31st August 2022)
Ruling
1. The Applicant was charged with two counts of assaulting a police officer contrary to section 103 (a) of the National Police Service Act 2011, one count of obstructing police contrary to section 254(b) of the Penal Code and one count of wilfully resisting arrest from police officer in due execution of the Police Officers’ duties contrary to section 103 (a) of the National Police Services Act No 11A of 2011.
2. He was acquitted of the third count but convicted of the remaining charges. The trial court sentenced him to pay a fine of Kshs 100,000/= or in default to serve 2 years imprisonment for the first count; Kshs 100,000/= or in default to serve 2 years imprisonment for the second count; and Kshs 50,000/= or in default to serve 1 year imprisonment for the fourth count. The sentences were to run concurrently.
3. The Applicant has already served 8 months in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Nelson Mandela recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Orwaki Primary School under the supervision of the school Headmaster for the remaining part of the sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W A OKWANYJUDGE