[2016] KEHC 2831 (KLR)
The court found that the medical documents produced by the applicant did not relate to the period during which he was required to serve community service. As a result, the applicant's explanation for absconding was rejected. The court held that compliance with the terms of a community service order is mandatory...
Source-derived case information.
- Citation
- [2016] KEHC 2831 (KLR)
- Parties
- Applicant: Patrick Maina Wambui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 94 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Revision and Sentencing
- Outcome
- Applicant sentenced to 8 months imprisonment for absconding community service.
- Legal Topics
- Community Service Orders, Sentencing Revision, Absconding From Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Maina Wambui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision and Sentencing
Legal Issues
- 1 Whether the applicant's explanation for absconding community service was valid.
- 2 Whether the applicant should serve an alternative sentence for absconding community service.
Ratio Decidendi
The court found that the medical documents produced by the applicant did not relate to the period during which he was required to serve community service. As a result, the applicant's explanation for absconding was rejected. The court held that compliance with the terms of a community service order is mandatory unless a valid excuse, supported by contemporaneous evidence, is provided. Since the applicant failed to justify his absence, the court sentenced him to 8 months imprisonment, taking into account the period he had already served prior to the community service order.
Court Disposition
Applicant sentenced to 8 months imprisonment for absconding community service.
Orders
- The applicant is sentenced to 8 months imprisonment.
- The period of 11 months previously served is taken into account.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL REVISION NO. 94 OF 2016
PATRICK MAINA WAMBUI................................................APPLICANT
VERSUS
REPUBLIC.......................................................................RESPONDENT
ORDER IN REVISION
1. The applicant was sentenced to serve community service for 8 months on 7th April 2016 by the High Court (Wakiaga, J) during the revision of his application, under section 362 of the Criminal Procedure Code, (Cap 63) Laws of Kenya. He had been sentenced to serve two years imprisonment on 8th December 2014 by the court of the Principal Magistrate at Runyenjes.
2. The applicant had been sentenced to serve community service at Macumo Primary School for 8 months. While doing so, he absconded and never to return to that school until he was arrested by the Assistant Chief upon being requested to do so by the Probation Officer. When he was brought to court, he was asked to explain why he had absconded from performing community service at that school. His explanation was that he fell sick and as a result he attended hospital. The applicant produced medical attendance documents which were produced in court as exhibit 1.
3. The Probation Officer, Mr Peter Munyi, submitted that the medical attendance documents showed that the applicant was treated on 23rd June 2016 and discharged. According to him, the medical documents relate to a different period and they do not apply to the period when he was sentenced to 8 months to serve community service.
4. I have examined those medical documents of the applicant and I find that they do not relate to the period during which he was required to serve community service. I therefore reject his explanation for being absent from where he had been ordered to serve the sentence for 8 months.
5. In the light of the foregoing, I hereby sentence the applicant to 8 months imprisonment. In doing so, I have taken into account that he had served for a period of 11 months before he was sentenced to serve 8 months of community service.
RULING DELIVERED,DATEDandSIGNED in open court at EMBU this 31st day of August 2016.
In the presence of both the Applicant and Ms Florence Miruka (Probation officer) for the Respondent
Court clerk Njue
J.M. BWONWONGA
JUDGE
31/08/2016