[2013] KEHC 1249 (KLR)
The High Court found that the offence of stealing stock is grave and warrants a deterrent sentence. The applicant, having already served two months of imprisonment, was not considered suitable for a community service order. The trial court's sentence of a fine of Kshs. 100,000 in default three years imprisonment was...
Source-derived case information.
- Citation
- [2013] KEHC 1249 (KLR)
- Parties
- Applicant: Alfred Kiprotich Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 257 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Application for revision dismissed; sentence of the trial court upheld.
- Judges
- B Ongaya
- Legal Topics
- Stealing Stock, Sentencing, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Kiprotich Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed for stealing stock was appropriate and should be revised.
- 2 Whether the applicant is suitable for a community service order.
Ratio Decidendi
The High Court found that the offence of stealing stock is grave and warrants a deterrent sentence. The applicant, having already served two months of imprisonment, was not considered suitable for a community service order. The trial court's sentence of a fine of Kshs. 100,000 in default three years imprisonment was deemed appropriate and proportionate to the offence. The application for revision was therefore dismissed, and the original sentence upheld.
Court Disposition
Application for revision dismissed; sentence of the trial court upheld.
Orders
- The sentence by the honourable trial court is upheld.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 257 OF 2013
(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 19. 07. 2013 BY THE HONOURABLE SENIOR RESIDENT MAGISTRATE, J.KASAM AT SOTIK IN CRIMINAL .CASE NO.267 OF 2013)
ALFRED KIPROTICH LANGAT............................APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(BEFORE HON. JUSTICE BYRAM ONGAYA ON FRIDAY 18TH OCTOBER, 2013)
RULING ON REVISION
The applicant Alfred Kiprotich Langat was charged and convicted with the offence of stealing stock contrary to section 278 of the Penal Code. He was sentenced to pay a fine of Kshs. 100,000 in default 3 years imprisonment effective 19/07/2013. The applicant has served 2 months imprisonment.
The court has considered the gravity of the offence and finds that the applicant is not suitable for community service order. The sentence by the honourable trial court is upheld.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE