[2022] KEHC 12300 (KLR)
The court found that the applicant, having served a substantial period in custody and based on the probation officer's positive recommendation, was eligible for a revision of his custodial sentence to a community service order. The court applied Section 333(2) of the Criminal Procedure Code to ensure the period...
Source-derived case information.
- Citation
- [2022] KEHC 12300 (KLR)
- Parties
- Applicant: Kassim Olwalo Shibwabo alias Mohammed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E017 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; custodial sentence revised to community service order.
- Judges
- JN Kamau
- Legal Topics
- Stealing Offences, Handling Stolen Property, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kassim Olwalo Shibwabo alias Mohammed
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence to a community service order.
- 2 Whether the period spent in custody prior to sentencing should be considered in determining the appropriate sentence.
Ratio Decidendi
The court found that the applicant, having served a substantial period in custody and based on the probation officer's positive recommendation, was eligible for a revision of his custodial sentence to a community service order. The court applied Section 333(2) of the Criminal Procedure Code to ensure the period spent in custody was considered, and ordered that the applicant be released from prison to serve the remainder of his sentence as a community service order at Ebwarito Primary School until 14/4/2023.
Court Disposition
Application for revision allowed; custodial sentence revised to community service order.
Orders
- The applicant shall be released from prison to serve a community service order at Ebwarito Primary School until 14/4/2023.
- The period spent in custody prior to sentencing shall be taken into account in computing the sentence.
Full Case Text
Judgment text and source record
16 paragraphs
Shibwabo alias Mohammed v Republic (Criminal Revision E017 of 2022) [2022] KEHC 12300 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12300 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E017 of 2022
JN Kamau, J
August 3, 2022
Between
Kassim Olwalo Shibwabo alias Mohammed
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence stealing contrary to Section 268 as read with Section 275 of thePenal CodeCap 63 (Laws of Kenya). He was also charged with the offence of handling stolen property contrary to Section 322(1) as read with Section 322(2) of the Penal Code. He was arrested on 14/4/2021 and arraigned in Court on 16/4/2021 when he denied the charges. The matter proceeded to trial during which time he remained in custody. He was convicted and sentenced to serve three (3) years imprisonment on 17/11/2020. His early release date from prison is 17/11/2023. Samwel Chuma Probation/Community Service Officer has in his report filed on 1/8/2022 recommended that the applicant serves community service order at Ebwarito Primary School for a period of one (1) year four (4) months. Taking into account the period between the date of his arrest and when he was sentenced. In lined with Section 333 (2) of the Criminal Procedure Code Cap 75 (Laws of Kenya), I hereby direct that the applicant be released to serve community service order as proposed in the aforesaid report but to serve the same until 14/4/2023. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE