[2013] KEHC 1274 (KLR)
Despite the CSO report being unfavourable for a non-custodial sentence due to a hostile home environment, the court found that the accused should be given an opportunity to change while in custody. The court exercised its discretion to revise the sentence, reducing it to two years custodial imprisonment from the...
Source-derived case information.
- Citation
- [2013] KEHC 1274 (KLR)
- Parties
- Respondent: Republic; Appellant: Jacob Linus Ndala
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Judgment Date
- 18 October 2013
- Case Number
- Criminal Revision 52 of 2013
- Procedural Posture
- Criminal Revision / Sentencing Revision
- Outcome
- sentence revised
- Legal Topics
- Sentencing Revision, Custodial Sentence, Non Custodial Sentence, Probation Report
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jacob Linus Ndala
Appellant
Procedural Posture
Criminal Revision / Sentencing Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the CSO report and the accused's circumstances.
Ratio Decidendi
Despite the CSO report being unfavourable for a non-custodial sentence due to a hostile home environment, the court found that the accused should be given an opportunity to change while in custody. The court exercised its discretion to revise the sentence, reducing it to two years custodial imprisonment from the date of initial imprisonment, balancing the interests of justice and the rehabilitation prospects of the accused.
Court Disposition
sentence revised
Orders
- The sentence is revised to two years custodial imprisonment from the date of initial imprisonment.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL REVISION CASE NO. 52 OF 2013
REPUBLIC.......................................... RESPONDENT
VERSUS
JACOB LINUS NDALA................................. APPELLANT
ORDER
I have perused the CSO report and read through the proceedings of the trial court. The CSO report is not favourable as the home environment is hostile.
The inmate has only 8 years of the 4 year sentence meted out. Although the report is not favourable for non-custodial sentence yet in my view the accused should be able to change while in custody.
I will therefore revise the sentence to two years. The inmate to serve 2 years custodial sentence from date of imprisonment.
ISSUED AT BUNGOMA THIS 18TH DAY OF OCTOBER 2013
A. OMOLLO
JUDGE.