[2013] KEHC 1147 (KLR)
The court found that the applicant was properly convicted and sentenced for the offence of stealing stock under Section 278 of the Penal Code. The mistaken reference in the probation officer's report to a different offence did not affect the validity of the conviction or the appropriateness of the sentence. The...
Source-derived case information.
- Citation
- [2013] KEHC 1147 (KLR)
- Parties
- Applicant: Benard Kiplangat Mutai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 165 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- application for revision denied; sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Revision of Sentence, Stealing Stock, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Kiplangat Mutai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the applicant is entitled to revision of sentence under Section 362 and 364 of the Criminal Procedure Code.
- 2 Whether the mistaken probation report affects the conviction and sentence for stealing stock.
- 3 Whether the applicant qualifies for a community service order under Section 8(2) of the Community Service Orders Act.
Ratio Decidendi
The court found that the applicant was properly convicted and sentenced for the offence of stealing stock under Section 278 of the Penal Code. The mistaken reference in the probation officer's report to a different offence did not affect the validity of the conviction or the appropriateness of the sentence. The gravity of the offence warranted the custodial sentence imposed by the trial court. The application for a community service order was therefore denied, and the original sentence was upheld.
Court Disposition
application for revision denied; sentence upheld
Orders
- The application for community service is denied.
- The sentence of 3 years imprisonment imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 165 OF 2013
(Being A Revision in the Conviction and Sentence on 06. 11. 2012 by the Honourable Ag. Senior Resident Magistrate, V.Karanja at Bomet in Criminal Case No.657 of 2012)
BENARD KIPLANGAT MUTAI...........................APPLICANT
-VERSUS-
REPUBLIC.......................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
This is the ruling in an application for revision under Section 362 and 364 of the Criminal Procedure Code Cap 75 and Section 8 (2) of the Community Service Orders Act, 1998. The Applicant Benard Kiplangat Mutai was convicted and sentenced on account of the charge of stealing stock contrary to Section 278 of the Penal Code Cap 63 and sentenced to 3 years imprisonment with effect from 6/11/2012.
The report by the probation officer mistakenly refers to charge of riding uninsured motor cycle contrary to Section 25A (4) (8) of the Traffic Act.
The court has considered the gravity of the offence and the mistaken probation report as far as the offence in issue is concernced.
In conclusion, the application for community service is denied and the trial court's sentence upheld.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE