[2013] KEHC 1350 (KLR)

[2013] KEHC 1350 (KLR)

The court found that the Community Service Officer's report was favourable and indicated that the inmate was suitable for a community service order. Exercising its revisionary jurisdiction, the court revised the custodial sentence so that the appellant would serve the remainder of the sentence by performing...

Source-derived case information.

Citation
[2013] KEHC 1350 (KLR)
Parties
Respondent: Republic; Appellant: Joseph Simiyu Barasa
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Revision Case 51 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 Order, Custodial Sentence, Criminal Appeal
Source Language
en
Criminal Law Sentence Revision Community Service Order Custodial Sentence Criminal Appeal

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

Joseph Simiyu Barasa

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.

Ratio Decidendi

The court found that the Community Service Officer's report was favourable and indicated that the inmate was suitable for a community service order. Exercising its revisionary jurisdiction, the court revised the custodial sentence so that the appellant would serve the remainder of the sentence by performing community service at the D.O.'s Office, Kamukuywa Division.

Court Disposition

custodial sentence revised to community service order

Orders

  • The custodial sentence is revised. The inmate shall serve the remainder of the sentence doing community service work at D.O.'s Office Kamukuywa Division.