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Original judgment

High Court 4656 of 2016

REPUBLIC OF KENYA. IN THE HIGH COURT OF KENYA AT KAKAMEGA. MISC. CRIMINAL REVISION NO. 289 OF 2015. MOSES ODUORI WERE...................................APPLICANT VERSUS REPUBLIC.........................RESPONDENT (Being a Revision from the order of Butere Principal Magistrate's Court Criminal Case No.129 of 2012 by Hon. L.N. Kiniale , Resident Magistrate on 15th August, 2012.) RULING ON REVISION 1. The applicant herein was charged with the offence of stealing stock contrary to section 278 of the Penal Code. After a full hearing, he was sentenced to serve seven (7) years imprisonment with effect from 15th August, 2012. 2. Section 364 (5) of the Criminal Procedure code provides that:“When an appeal lies from a finding, sentence or order, and no appeal is brought, no proceeding by way of revision shall be entertained at the insistence of the party who could have appealed.” 3. I must point out that an accused person who has been sentenced to serve 7 years imprisonment has the option of filing an appeal. The applicant in this case seems not to have done so. I am also alive to the provisions of section 3 (1) of the Community Service Orders Act which provides instances where an applicant can be placed under Community Service Orders in the following words:“Where any person is convicted of an offence punishable with a. Imprisonment for a term not exceeding three years, with or without the option of a fine; or b. Imprisonment for a term exceeding three years but which the court determines a term of imprisonment for three years or less, with or without the option of a fine, to be appropriate.” 4. The probation report on record is unfavourable to the applicant, even if it was favourable, I am of the considered view that the offence of stealing stock does not fall in the purview of offences that befit the placement of a person who has been charged and convicted of the said offence under Community Service. DELIVERED, DATED and SIGNED at KAKAMEGA on this 30th day of May, 2016. NJOKI MWANGI JUDGE

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