[2013] KEHC 1250 (KLR)
The court found that, given the gravity of the offence of stock theft and the probation officer's reports indicating the applicants were not suitable for community service, the custodial sentence imposed by the trial court was appropriate. The court upheld the original sentence, declining to substitute it with a...
Source-derived case information.
- Citation
- [2013] KEHC 1250 (KLR)
- Parties
- Applicant: Augustine Kipkurui Ruto; Applicant: Paul Kiplangat Koech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 238 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; original sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Stock Theft, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Augustine Kipkurui Ruto
Applicant
Paul Kiplangat Koech
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicants are suitable for a community service order in lieu of the custodial sentence imposed for stock theft.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that, given the gravity of the offence of stock theft and the probation officer's reports indicating the applicants were not suitable for community service, the custodial sentence imposed by the trial court was appropriate. The court upheld the original sentence, declining to substitute it with a community service order. The applicants had only served one year of the three-year sentence, and the offence warranted a deterrent sentence. The application for revision was therefore dismissed.
Court Disposition
application for revision dismissed; original sentence upheld
Orders
- The sentence by the trial court is upheld.
- The applications for community service orders are declined.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 238 OF 2013
(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 15. 10. 2013 BY THE HONOURABLE SENIOR RESIDENT MAGISTRATE, J.KASAM AT SOTIK IN CRIMINAL CASE NO.1589 OF 2013)
AUGUSTINE KIPKURUI RUTO.....................1ST APPLICANT
PAUL KIPLANGAT KOECH.........................2ND APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(BEFORE HON. JUSTICE BYRAM ONGAYA ON FRIDAY 18TH OCTOBER, 2013)
RULING ON REVISION
The applicant Augustine Kipkurui Ruto and Paul Kiplangat Koech were convicted of the offence of stealing stock contrary to Section 278 of the Penal Code. The trial court sentenced each applicant to a fine of Kshs. 50,000 or 3 years imprisonment effective 15/10/2012.
The court has considered the reports by the probation officer. The applicants have served only one year imprisonment. In view of the gravity of the offence, the court finds that they are not suitable for the community service order.
Accordingly the sentence by the honourable trial court is upheld and the applications for orders for community service are declined.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE