[2021] KEHC 5384 (KLR)
The court found that the applicant, convicted of stealing a motorcycle valued at Kshs. 92,000 and sentenced to 18 months imprisonment, was ineligible for a Community Service Order because the offence carries a maximum sentence of seven years imprisonment. Section 3(1) of the Community Service Orders Act restricts...
Source-derived case information.
- Citation
- [2021] KEHC 5384 (KLR)
- Parties
- Applicant: Sande Omondi Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E012 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Community Service Orders, Theft Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sande Omondi Okello
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is eligible for a revision of sentence under the Community Service Orders Act.
- 2 Whether the sentence imposed by the trial court was lawful and appropriate.
Ratio Decidendi
The court found that the applicant, convicted of stealing a motorcycle valued at Kshs. 92,000 and sentenced to 18 months imprisonment, was ineligible for a Community Service Order because the offence carries a maximum sentence of seven years imprisonment. Section 3(1) of the Community Service Orders Act restricts community service orders to offences punishable by imprisonment for not more than three years. The court therefore declined to revise the sentence, holding that the sentence imposed by the trial court was lawful and appropriate under the circumstances.
Court Disposition
application for revision of sentence dismissed
Orders
- The request for sentence revision is declined and dismissed.
- The convict shall serve the sentence imposed to completion.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E012 OF 2021
CORAM: R.E. ABURILI, J
SANDE OMONDI OKELLO...................APPLICANT
VERSUS
REPUBLIC...........................................RESPONDENT
(Being an Application for Revision of sentence in Siaya Senior Principal Magistrate Court’s Criminal Case No. 196 of 2020 on 10/9/2020 by Hon. Muthoni M. Mwangi, Resident Magistrate)
RULING
1. The convict Sande Omondi Okello is serving 18 months imprisonment for stealing a motorcycle valued at Kshs. 92,000/=. He has not appealed. He was given an option of a fine but he has not raised the said fine.
2. Although the Probation Officer recommends Community Service Order, the offence for which the offender was convicted attracts a maximum of seven years imprisonment hence Section 3(1) of the Community Service Orders Act does not apply or benefit him. Accordingly, the request for sentence revision is declined and dismissed.
3. Convict to serve sentence imposed to completion.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE