[2013] KEHC 1301 (KLR)

[2013] KEHC 1301 (KLR)

The court found that the Community Service Officer's report was favourable and concurred that the inmate was suitable for a community service order. Consequently, the custodial sentence was revised so that the appellant would serve the remainder of the sentence performing community service work at Kamasielo...

Source-derived case information.

Citation
[2013] KEHC 1301 (KLR)
Parties
Respondent: Republic; Appellant: Barbar Oswana Peter
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Criminal Revision 54 of 2013
Procedural Posture
Criminal Revision / Order on Revision of Sentence
Outcome
custodial sentence revised to community service order
Legal Topics
Sentence Revision, Community Service Orders, Custodial Sentence, Criminal Appeals
Source Language
en
Criminal Law Sentence Revision Community Service Orders Custodial Sentence Criminal Appeals

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

Barbar Oswana Peter

Appellant

Procedural Posture

Criminal Revision / Order on Revision of Sentence

Legal Issues

  1. 1 Whether the custodial sentence should be revised to a community service order.
  2. 2 Whether the inmate is suitable for community service work.

Ratio Decidendi

The court found that the Community Service Officer's report was favourable and concurred that the inmate was suitable for a community service order. Consequently, the custodial sentence was revised so that the appellant would serve the remainder of the sentence performing community service work at Kamasielo Polytechnic.

Court Disposition

custodial sentence revised to community service order

Orders

  • The custodial sentence is revised to the extent that the inmate shall serve the remainder of the sentence doing community service work at Kamasielo Polytechnic.