[2021] KEHC 5518 (KLR)
The court found that although the sentence imposed was lawful and lenient, the applicant's status as a first offender, his remorse, the recovery of the stolen property, his willingness to perform unpaid community service, and the need to decongest prisons justified substituting the remainder of his custodial...
Source-derived case information.
- Citation
- [2021] KEHC 5518 (KLR)
- Parties
- Applicant: Willis Onyango Sijenyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E028 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Revision Application
- Outcome
- Custodial sentence substituted with community service order for remainder of term.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Community Service Orders, Theft Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Willis Onyango Sijenyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision Application
Legal Issues
- 1 Whether the sentence imposed on the applicant was lawful and appropriate in the circumstances.
- 2 Whether the applicant qualifies for substitution of the custodial sentence with a community service order.
Ratio Decidendi
The court found that although the sentence imposed was lawful and lenient, the applicant's status as a first offender, his remorse, the recovery of the stolen property, his willingness to perform unpaid community service, and the need to decongest prisons justified substituting the remainder of his custodial sentence with a community service order. The court exercised its discretion under Section 3(1) of the Community Service Orders Act to order that the applicant serve the rest of his sentence as unpaid community service at Osieko Secondary School under supervision.
Court Disposition
Custodial sentence substituted with community service order for remainder of term.
Orders
- For the remainder of his prison term, the convict Willis Onyango Sijenyi shall serve unpaid Community Service at Osieko Secondary School under supervision.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION CASE NO. E028 OF 2021
WILLIS ONYANGO SIJENYI ......APPLICANT
VERSUS
REPUBLIC ..................................RESPONDENT
(Revision Application from the judgment, conviction and sentence in Bondo Pm’s Magistrates Court No. 1056 Of 2019 delivered on 27. 5.2020 by Hon. S. Mathenge – Resident Magistrate)
RULING
1. The Convict Willis Onyango Sejenyi is aged 26 years. He was convicted for the offence of stealing a motor cycle Registration KMEL 531Q valued at KShs.90,000/= the property of Kennedy Odhiambo Ambuche on 27. 5.2020 at Osieko Beach, Got Agulu Sub-Location, Bondo Sub-County of Siaya County. He was sentenced to serve 2 years imprisonment on 16. 12. 2019 by Hon. S. Mathenge after subsequently pleading guilty to the charge, a plea which was unequivocal. He has now been in jail for one year. The motorcycle stolen was recovered.
2. According to the Probation Officer’s Report filed in Court on 11. 6.2021, the Offender has been counselled and engages in Prison’s farm work. The community is ready to receive him. He was married and has 3 children but separated from his wife. The Victim of the offence migrated so he was not reached for an interview. The offender regrets the offence and is remorseful. He is willing to perform unpaid Community Service. He was a first Offender.
3. The sentence imposed was lawful and lenient since the maximum under Section 278A of the Penal Code is seven years imprisonment.
4. However, in view of the need to decongest prison and as the offender accepted that he committed the offence, is remorseful and willing to change his behavior, is a first offender and aged 26 years, has served one year in prison and learnt his lesson and is willing to perform unpaid Community Service, I invoke Section 3(1) of the Community Service Orders, Act and Order that for the remainder of his prison term, the convict Willis Onyango Sijenyi shall serve unpaid Community Service which shall be duly supervised at Osieko Secondary School.
5. Orders accordingly.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE