[2007] KEHC 1697 (KLR)
The court found that the accused admitted to violating the Community Service Order by attending only once and failing to provide a satisfactory explanation for his prolonged absence after the funeral. The court determined that the accused's conduct amounted to an intentional violation of the CSO, justifying its...
Source-derived case information.
- Citation
- [2007] KEHC 1697 (KLR)
- Parties
- Applicant: Peter Kamau Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 45 of 2007
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- CSO revoked; accused to serve remaining prison term.
- Legal Topics
- Community Service Orders, Breach of Court Orders, Sentencing, Probation Violation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kamau Kimani
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the accused violated the terms of the Community Service Order (CSO).
- 2 Whether the CSO should be revoked due to the violation.
Ratio Decidendi
The court found that the accused admitted to violating the Community Service Order by attending only once and failing to provide a satisfactory explanation for his prolonged absence after the funeral. The court determined that the accused's conduct amounted to an intentional violation of the CSO, justifying its revocation. Consequently, the accused was ordered to serve the remainder of his original prison sentence.
Court Disposition
CSO revoked; accused to serve remaining prison term.
Orders
- The Community Service Order is revoked.
- The accused shall serve the remainder of his prison sentence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
Criminal Revision 45 of 2007
PETER KAMAU KIMANI……………..…..APPLICANT
VERSUS
REPUBLIC……………………...…...…RESPONDENT
J U D G M E N T
The accused herein was released on Community Service Order by the court on 26/3/2007 to do community service for 2 months. The prosecution claims that he has violated the CSO, particularly section 5 thereof PW1 (Masinde Conrad), the Probation Officer testified that since placement on CSO on 26. 3.2007 the accused only attended once. He prayed that the order should therefore be revoked by reason of violation.
The accused, Peter Kamau Kimani testified in his defence that he only attended once. Then his brother collected him and they went up-county for a burial, where he stayed for one week. That was the reason for violation of the CSO.
I have considered the evidence of both the prosecution and the accused. The accused admits that he has violated the CSO but maintains that he was prevented from attending by a funeral that took one week. He does not explain what prevented him from doing so since he came back from the funeral that took only one week. The whole of April, and May and part of June is unaccounted for. In the result I am of the view that the accused is not candid. I find as a fact that he has violated the CSO intentionally. Accordingly I revoke the CSO. In effect the accused will serve the remaining of his prison terms.
DATED and delivered at Malindi this 5th day of June 2007.
N.R.O.OMBIJA
JUDGE