[2024] KEHC 15097 (KLR)
The court found that the probation officer's report was favorable and that the community was ready to accept the applicants back. In the interests of justice and rehabilitation, the court exercised its revisionary powers to substitute the custodial sentence with a community service order at Chekata Primary School...
Source-derived case information.
- Citation
- [2024] KEHC 15097 (KLR)
- Parties
- Applicant: Peter Sifuna; Applicant: Gilbert Wekesa; Applicant: Ferdinand Wamalwa; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E355 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- S Mbungi
- Legal Topics
- Sentencing Revision, Community Service Orders, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Sifuna
Applicant
Gilbert Wekesa
Applicant
Ferdinand Wamalwa
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicants for the offence of stealing should be revised.
- 2 Whether the applicants are suitable for a non-custodial sentence based on the probation officer's report.
Ratio Decidendi
The court found that the probation officer's report was favorable and that the community was ready to accept the applicants back. In the interests of justice and rehabilitation, the court exercised its revisionary powers to substitute the custodial sentence with a community service order at Chekata Primary School for the remainder of the sentence. The applicants were to be released to the probation department for further directions, reflecting the court's preference for non-custodial measures where appropriate and supported by professional assessment.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicants shall serve community service at Chekata Primary School for the remainder of the sentence.
- The applicants are to be released to the probation department for further directions.
Full Case Text
Judgment text and source record
24 paragraphs
Sifuna & 2 others v Director of Public Prosecution (Criminal Revision E355 of 2024) [2024] KEHC 15097 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15097 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E355 of 2024
S Mbungi, J
November 26, 2024
Between
Peter Sifuna
1st Applicant
Gilbert Wekesa
2nd Applicant
Ferdinand Wamalwa
3rd Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. The applicant herein was sentenced to serve two years for the offence of stealing contrary to section 268 as read with section 275 of the penal code.
2. I have seen the lower court proceedings and the probation officer report. It is favorable.
3. The community is ready to embrace them back.
4. I do revise the sentence and order that the applicants to serve community service at Chekata Primary School for the remainder of the sentence.
5. The applicant be released to the probation department for further directions.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 26TH DAY OF NOVEMBER, 2024. S.N MBUNGIJUDGEIn the presence of :Accused persons presentCourt Prosecutor – MbonzoCourt Assistant – Elizabeth Ang’onga