[2013] KEHC 1342 (KLR)
The court found that the applicant, having pleaded guilty and served a significant portion of the custodial sentence, demonstrated remorse and willingness to reform as evidenced by the probation officer's report. In the interests of justice and rehabilitation, the court exercised its revisionary powers to alter the...
Source-derived case information.
- Citation
- [2013] KEHC 1342 (KLR)
- Parties
- Applicant: Benard Kipkirui Kigen; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 244 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; applicant discharged from prison and ordered to perform community service
- Judges
- B Ongaya
- Legal Topics
- Malicious Damage to Property, Breach of Peace, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Kipkirui Kigen
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's circumstances.
- 2 Whether the applicant should be discharged from prison and subjected to community service.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and served a significant portion of the custodial sentence, demonstrated remorse and willingness to reform as evidenced by the probation officer's report. In the interests of justice and rehabilitation, the court exercised its revisionary powers to alter the sentence from imprisonment to community service. The court determined that continued incarceration was unnecessary and that community service under the supervision of the Chief would better serve the objectives of sentencing, including rehabilitation and reintegration into society.
Court Disposition
sentence revised; applicant discharged from prison and ordered to perform community service
Orders
- The sentence by the trial court is altered.
- The applicant is discharged from prison.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 244 OF 2013
(Being A Revision in the Conviction and Sentence on 18. 03. 2013 by the Honourable Principal Magistrate, M.O.Okuche at Sotik in Criminal Case No.161 of 2013)
BENARD KIPKIRUI KIGEN.......................................APPLICANT
-VERSUS-
REPUBLIC..............................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The Applicant Benard Kipkirui Kigen was charged with offences of malicious damage to property contrary to Section 339 (1) of the Penal Code; and creating a disturbance in a manner likely to cause a breach of the peace contrary to Section 95 (1) (b) of the code.
The applicant pleaded guilty to the charges, was convicted and for count one sentenced to a fine of Kshs. 15,000 in default 18 months imprisonment; and for count 2 a fine of Kshs. 5,000 in default 6 months imprisonment.
The applicant failed to pay the fine and has served about 7 months imprisonment effective 18/03/2013.
The probation officer's report shows he is remorseful and is willing to charge and become a law abiding citizen.
In the circumstances the sentence by the trial court is altered and the applicant is discharged from prison to perform community service under the Chief at the Chief's office in Ringut sublocation.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE