[2022] KEHC 16845 (KLR)
The court found that the applicant, being 18 years old and a first-time offender who pleaded guilty, was a suitable candidate for a non-custodial sentence as recommended by the presentence report. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a community service order,...
Source-derived case information.
- Citation
- [2022] KEHC 16845 (KLR)
- Parties
- Applicant: Zadock Anyando Richard; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E077 of 2022
- Procedural Posture
- Criminal Revision / Sentence Revision Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Stealing Offence, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zadock Anyando Richard
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Revision Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing was appropriate in light of the presentence report and the applicant's circumstances.
Ratio Decidendi
The court found that the applicant, being 18 years old and a first-time offender who pleaded guilty, was a suitable candidate for a non-custodial sentence as recommended by the presentence report. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a community service order, holding that such a sentence better served the interests of justice and rehabilitation.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant shall be released from prison to serve three months unpaid community service at Itumbu Assistant Chief's Office.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Richard v Republic (Criminal Revision E077 of 2022) [2022] KEHC 16845 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16845 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E077 of 2022
RE Aburili, J
December 20, 2022
Between
Zadock Anyando Richard
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E238 of 2022 delivered by Hon. B. Limo, Senior Resident Magistrate on 12. 9.2022)
Ruling
1. On 12/9/2022 the convict Zadock Anyando Richard was sentenced to a fine of Kshs 20,000/=, in default to serve 6 months imprisonment for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code.
2. He pleaded guilty to the charges.
3. The presentence report shows that he is aged 18 years old. The report recommended non-custodial community service order at Itumbu Assistant Chief’s Office.
4. I hereby revise sentence and order that the convict Zadock Anyando Richard shall be released from prison to serve three months unpaid community service at Itumbu Assistant Chief’s Office.
5. File closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE