[2013] KEHC 1259 (KLR)
The court found that the applicant's criminal conduct, as detailed in the probation officer's report, was directed at his family members and caused them serious distress. On this basis, the applicant was deemed unsuitable for a community service order. The court therefore upheld the sentence of two years'...
Source-derived case information.
- Citation
- [2013] KEHC 1259 (KLR)
- Parties
- Applicant: Albert Rotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 249 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Revision dismissed; sentence upheld.
- Judges
- B Ongaya
- Legal Topics
- Sentencing, Breach of Peace, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Albert Rotich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is suitable for a community service order instead of imprisonment.
- 2 Whether the conviction and sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant's criminal conduct, as detailed in the probation officer's report, was directed at his family members and caused them serious distress. On this basis, the applicant was deemed unsuitable for a community service order. The court therefore upheld the sentence of two years' imprisonment imposed by the trial court, finding no reason to interfere with the conviction or sentence.
Court Disposition
Revision dismissed; sentence upheld.
Orders
- The sentence by the honourable trial court is upheld.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 249 OF 2013
(Being A Revision in the Conviction and Sentence on 11. 09. 2012 by the Honourable Resident Magistrate, N.Barasa at Sotik in Criminal .Case No.1822 of 2012)
ALBERT ROTICH................................................APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Albert Rotich is serving a sentence of 2 years imprisonment effective 11/09/2012 following conviction for the offence of creating a disturbance in a manner likely to cause a breach of the peace contrary to Section 95 (1) (b) of the Penal Code.
I have perused the initial report by the probation officer presented to the trial court. It is apparent that the applicant's criminal conduct targeted his family members causing them serious distress.
Accordingly, the court considers that the applicant is not suitable for community service order. The sentence by the honourable trial court is upheld
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE