[2013] KEHC 1266 (KLR)
The court found, based on the CSO report and the applicant's conduct in failing to provide directions to his home, that he is not suitable for a Community Service Order. Consequently, the court ordered that the inmate continue to serve the custodial sentence.
Source-derived case information.
- Citation
- [2013] KEHC 1266 (KLR)
- Parties
- Respondent: Republic; Appellant: Gideon Wanjala Wanyonyi
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 101 of 2013
- Procedural Posture
- Criminal Revision / Order on Suitability for Community Service Order
- Outcome
- Application for Community Service Order refused; custodial sentence to continue.
- Legal Topics
- Community Service Orders, Sentencing, Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gideon Wanjala Wanyonyi
Appellant
Procedural Posture
Criminal Revision / Order on Suitability for Community Service Order
Legal Issues
- 1 Whether the inmate is suitable for a Community Service Order.
Ratio Decidendi
The court found, based on the CSO report and the applicant's conduct in failing to provide directions to his home, that he is not suitable for a Community Service Order. Consequently, the court ordered that the inmate continue to serve the custodial sentence.
Court Disposition
Application for Community Service Order refused; custodial sentence to continue.
Orders
- The inmate is not suitable for Community Service Order.
- The inmate shall continue to serve the custodial sentence.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL REVISION CASE NO. 101 OF 2013
REPUBLIC........................................................... RESPONDENT
VERSUS
GIDEON WANJALA WANYONYI...........................APPELLANT
ORDER
I have read the CSO report and the proceedings. The report is not favourable. He is described as shy and unreliable as he failed to give directions to his home twice.
I find that the inmate is not suitable for Community Service Order and order that he shall continue to serve the custodial sentence.
ISSUED AT BUNGOMA THIS 18TH DAY OF OCTOBER 2013
A. OMOLLO
JUDGE.