[2013] KEHC 1299 (KLR)

[2013] KEHC 1299 (KLR)

The court found that the appellant had previously been placed on a Community Service Order but absconded. The unfavourable report from the Community Service Officer indicated a lack of compliance and responsibility on the part of the appellant. As a result, the court determined that there was no justification to...

Source-derived case information.

Citation
[2013] KEHC 1299 (KLR)
Parties
Respondent: Republic; Appellant: Willy Kimtai Chemining'wa
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Criminal Revision 88 of 2013
Procedural Posture
Criminal Revision / Order
Outcome
Application for revision denied. Appellant to continue serving custodial sentence.
Legal Topics
Community Service Orders, Sentencing, Custodial Sentences
Source Language
en
Criminal Law Community Service Orders Sentencing Custodial Sentences

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

Willy Kimtai Chemining'wa

Appellant

Procedural Posture

Criminal Revision / Order

Legal Issues

  1. 1 Whether the appellant should continue serving the custodial sentence in light of the unfavourable Community Service Order report.

Ratio Decidendi

The court found that the appellant had previously been placed on a Community Service Order but absconded. The unfavourable report from the Community Service Officer indicated a lack of compliance and responsibility on the part of the appellant. As a result, the court determined that there was no justification to interfere with the custodial sentence imposed by the trial court. The revision application was therefore denied, and the appellant was ordered to continue serving the original custodial sentence.

Court Disposition

Application for revision denied. Appellant to continue serving custodial sentence.

Orders

  • The inmate shall continue serving his custodial sentence as meted out by the trial court.