[2023] KEHC 3315 (KLR)
The court found that although the applicant completed the community service order imposed in lieu of part of his custodial sentence, he failed to fulfill his written undertaking to refund the complainant the value of the stolen animal. The court held that the appropriate remedy for the complainant is to enforce the...
Source-derived case information.
- Citation
- [2023] KEHC 3315 (KLR)
- Parties
- Applicant: Daddy Ochieng Wasira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 63 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- file closed; criminal process concluded; civil remedy available to complainant
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stock Theft, Community Service Order, Undertaking Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daddy Ochieng Wasira
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of his undertaking to refund the complainant the value of the stolen animal.
- 2 Whether the court should enforce the applicant's unfulfilled undertaking after completion of the community service order.
Ratio Decidendi
The court found that although the applicant completed the community service order imposed in lieu of part of his custodial sentence, he failed to fulfill his written undertaking to refund the complainant the value of the stolen animal. The court held that the appropriate remedy for the complainant is to enforce the undertaking through a civil suit in the small claims court, as the criminal process had been exhausted with the completion of the community service order. Consequently, the court ordered the closure of the criminal file, leaving the complainant to pursue civil remedies for the outstanding compensation.
Court Disposition
file closed; criminal process concluded; civil remedy available to complainant
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
Wasira v Republic (Criminal Revision 63 of 2020) [2023] KEHC 3315 (KLR) (14 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3315 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision 63 of 2020
RE Aburili, J
April 14, 2023
Between
Daddy Ochieng Wasira
Applicant
and
Republic
Respondent
Ruling
1. The Applicant/Convict Daddy Ochieng was convicted and sentenced to serve two (2) years imprisonment for the offence of stock theft vide Nyando Senior Principal Magistrate’s Court Criminal Case No 1086A of 2016.
2. He applied for sentence revision and wrote an undertaking to refund the complainant the value of her animal which he had disposed of already.
3. The court vide order made on June 12, 2020 accepted the written undertaking and placed him on CSO for eight (8) months at Karombe Primary School to plant and nurture tree seedlings under the supervision of the Chairperson of PTA.
4. The convict successfully completed the CSO but he failed to fulfil the written undertaking hence a warrant of arrest which has remained in force since June 21, 2022.
5. In my view, the complainant can still enforce that undertaking by filing suit before the small claims court.
6. I therefore order that this file be and is hereby closed.
Dated, Signed and Delivered at Kisumu this 14th Day of April, 2023R E ABURILIJUDGE