[2023] KEHC 19842 (KLR)
The court found that the custodial sentence imposed on the applicant was not appropriate given the Probation Officer's recommendation for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a Community Service Order, holding that such an order was more...
Source-derived case information.
- Citation
- [2023] KEHC 19842 (KLR)
- Parties
- Applicant: Amos Owanda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E020 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence set aside and substituted with Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Alcoholic Drinks Control, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Owanda
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 recommendations for a non-custodial sentence.
- 2 Whether the applicant should serve the remainder of his sentence under a Community Service Order.
Ratio Decidendi
The court found that the custodial sentence imposed on the applicant was not appropriate given the Probation Officer's recommendation for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a Community Service Order, holding that such an order was more suitable for the offence and circumstances of the applicant. The court directed that the applicant serve the remainder of his sentence performing community service at the Assistant Chief’s office in Charachani sub-location.
Court Disposition
Custodial sentence set aside and substituted with Community Service Order.
Orders
- The applicant shall serve a Community Service Order at the Assistant Chief’s office in Charachani sub-location for the remainder of the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Owanda v Republic (Criminal Revision E020 of 2023) [2023] KEHC 19842 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19842 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E020 of 2023
WA Okwany, J
June 29, 2023
Between
Amos Owanda
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence of Hon. B. O. Okong’o – RM Nyamira dated and delivered on the 5{{^th}} day of May 2023 in the original Nyamira CMC Criminal Case No. E218 of 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of dealing with alcoholic drinks without a licence contrary to section 7 (1) (b) as read with section 34 (a) of the Alcoholic Drinks Control Act No 4 of 2010. The particulars of the offence were that on February 18, 2023, at Nyameru sub-location in Nyamira sub-county within Nyamira County was found dealing with alcoholic drinks namely chang’aa to wit, 10 litres without license issued under the said Act.
2. The trial court sentenced him to serve 6 months’ probation with a mandatory Community Service Order at Nyamira Police Station. His sentence was substituted with a 6 (six) months custodial sentence from May 5, 2023.
3. 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 the Assistant Chief’s office in Charachani sub-location for the remaining part of the sentence meted by the trial court.
4Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE