[2023] KEHC 19811 (KLR)
The court found that the custodial sentence imposed on the applicant, who had already served one month in prison, was not appropriate in light of the Probation Officer's recommendation for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a...
Source-derived case information.
- Citation
- [2023] KEHC 19811 (KLR)
- Parties
- Applicant: David Achira Tengeya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E075 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed. Custodial sentence substituted with Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Stealing Offence, Handling Stolen Goods, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Achira Tengeya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant was appropriate in light of the Sentence Review Report recommending a non-custodial sentence.
- 2 Whether the applicant should serve the remainder of his sentence under a Community Service Order.
Ratio Decidendi
The court found that the custodial sentence imposed on the applicant, who had already served one month in prison, was not appropriate in light of the Probation Officer's recommendation for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order at Nyagokiani Secondary School under the supervision of the school Principal. This decision was guided by the principle that sentencing should be individualized and take into account the circumstances of the offender, the nature of the offence, and the recommendations of probation officers.
Court Disposition
Application for revision allowed. Custodial sentence substituted with Community Service Order.
Orders
- The applicant shall serve a Community Service Order at Nyagokiani Secondary School under the supervision of the school Principal for the remaining part of the sentence.
- Orders accordingly.
Full Case Text
Judgment text and source record
18 paragraphs
Tengeya v Republic (Criminal Revision E075 of 2023) [2023] KEHC 19811 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19811 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E075 of 2023
WA Okwany, J
June 29, 2023
Between
David Achira Tengeya
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E407 of 2023 by Hon. C.W. Waswa, Senior Resident Magistrate on 24{{^th}} April 2023)
Ruling
1. The Applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal Code and handling stolen goods contrary to section 322 (1) and (2) of the Penal Code. He was convicted on his own plea of guilty. The trial court ordered him to compensate the victim in the sum of Kshs. 50,000/= or in default to serve 3 years imprisonment. The Applicant has already served 1 month in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Dickson Kairu recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Nyagokiani Secondary School under the supervision of the school Principal for the remaining part of the sentence.
2Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE, 2023. W.A. OKWANYJUDGE