[2024] KEHC 6507 (KLR)
The court found that the applicant, having served 2 years and 6 months of his custodial sentence and in view of the Probation Officer's recommendation for a non-custodial sentence, was a suitable candidate for a Community Service Order. The court exercised its revisionary powers to substitute the remaining custodial...
Source-derived case information.
- Citation
- [2024] KEHC 6507 (KLR)
- Parties
- Applicant: Fred Moindi Oyaro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E036 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Community Service Order, Plea of Guilty, Attempted Arson, Handling Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fred Moindi Oyaro
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Sentence Review Report recommending a non-custodial sentence.
- 2 Whether the applicant is suitable for a Community Service Order for the remainder of his sentence.
Ratio Decidendi
The court found that the applicant, having served 2 years and 6 months of his custodial sentence and in view of the Probation Officer's recommendation for a non-custodial sentence, was a suitable candidate for a Community Service Order. The court exercised its revisionary powers to substitute the remaining custodial sentence with a Community Service Order to be served at North Masaba location Chief’s office under supervision, thereby promoting rehabilitation and community reintegration.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant shall serve a Community Service Order at North Masaba location Chief’s office under the supervision of the area Chief, Mr. Samwel Bunde, for the remaining period of his sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Oyaro v Republic (Criminal Revision E036 of 2024) [2024] KEHC 6507 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6507 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E036 of 2024
WA Okwany, J
May 30, 2024
Between
Fred Moindi Oyaro
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E1017 of 2021 by Hon. SK. Arome, Senior Resident Magistrate on 6th September 2021)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offences of attempted arson contrary to Section 333 (a) of the Penal Code and handling stolen goods contrary to Section 322 (1) (2) of the Penal Code. The trial court sentenced him to serve 2 years’ imprisonment for the first count and 3 years for the second count. The Applicant has already served 2 years and 6 months of his sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Peter Mogusu Ayienda recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at North Masaba location Chief’s office under the supervision of the area Chief, Mr. Samwel Bunde for the remaining period of his sentence.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 30TH DAY OF MAY 2024. W.A. OKWANYJUDGE