[2023] KEHC 19069 (KLR)

[2023] KEHC 19069 (KLR)

The court found that the probation report was favorable to the applicant and that the circumstances justified substituting the custodial sentence with a non-custodial sentence. Exercising its revisionary jurisdiction, the court set aside the original three-year custodial sentence and ordered the applicant to serve...

Source-derived case information.

Citation
[2023] KEHC 19069 (KLR)
Parties
Applicant: Hillary Buhya Shirisi; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision E141 of 2023
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Outcome
application for sentence review allowed; custodial sentence set aside and substituted with community service order
Judges
DR Kavedza
Legal Topics
Sentence Review, Community Service Order, Non Custodial Sentences
Source Language
en
Criminal Law Sentence Review Community Service Order Non Custodial Sentences

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Parties

Hillary Buhya Shirisi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Sentence Review Application

Legal Issues

  1. 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence.
  2. 2 Whether the probation report supports the applicant's request for sentence review.

Ratio Decidendi

The court found that the probation report was favorable to the applicant and that the circumstances justified substituting the custodial sentence with a non-custodial sentence. Exercising its revisionary jurisdiction, the court set aside the original three-year custodial sentence and ordered the applicant to serve an eighteen-month community service order at a designated dispensary under supervision. The decision was guided by the principle of rehabilitation and the positive recommendation in the probation report.

Court Disposition

application for sentence review allowed; custodial sentence set aside and substituted with community service order

Orders

  • The applicant’s sentence of 3 years is set aside and substituted with a non-custodial sentence of Community Service Order (CSO).
  • The applicant to serve community service for a period of eighteen (18) months at Forty-one (41) Dispensary in Dandora under the supervision of the Officer Commanding Station (OCS), Makadara Police Station.