[2022] KEHC 16727 (KLR)

[2022] KEHC 16727 (KLR)

The court found that, given the applicants pleaded guilty to the offence of preparation to commit a felony and considering the need for prison decongestion, the sentence of 12 months imprisonment was excessive. The absence of a presentence report and the suitability of the applicants for non-custodial sentences...

Source-derived case information.

Citation
[2022] KEHC 16727 (KLR)
Parties
Applicant: Stephen Sunday; Applicant: Michael Omondi; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Revision E075 of 2022
Procedural Posture
Criminal Revision / Sentence Revision Ruling
Outcome
sentence revised; custodial sentence substituted with community service order
Judges
RE Aburili
Legal Topics
Sentence Revision, Preparation to Commit Felony, Community Service Orders
Source Language
en
Criminal Law Sentence Revision Preparation to Commit Felony Community Service Orders

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Summary, issues, holding and outcome

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Parties

Stephen Sunday

Applicant

Michael Omondi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Sentence Revision Ruling

Legal Issues

  1. 1 Whether the sentence of 12 months imprisonment for preparation to commit a felony should be revised.
  2. 2 Whether community service is an appropriate alternative to imprisonment in the circumstances.

Ratio Decidendi

The court found that, given the applicants pleaded guilty to the offence of preparation to commit a felony and considering the need for prison decongestion, the sentence of 12 months imprisonment was excessive. The absence of a presentence report and the suitability of the applicants for non-custodial sentences justified revision. The court exercised its revisionary jurisdiction to substitute the custodial sentence with an order for unpaid community service at Siaya police station for eight months, under supervision, as a more appropriate and rehabilitative sanction.

Court Disposition

sentence revised; custodial sentence substituted with community service order

Orders

  • The sentences of 12 months imprisonment for Stephen Sunday and Michael Omondi are revised.
  • Both convicts shall be released from prison to perform unpaid community service at Siaya police station for a period of 8 months from date of release, under supervision of the officer commanding the police station.