[2013] KEHC 1336 (KLR)
The court found that the applicant had served a substantial portion of his custodial sentence, demonstrated remorse, and was assessed by the probation officer as suitable for community service. In the interests of justice and rehabilitation, the court exercised its revisionary powers to alter the sentence from...
Source-derived case information.
- Citation
- [2013] KEHC 1336 (KLR)
- Parties
- Applicant: Bernard Kimutai Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 237 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised to community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Stealing From Person, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kimutai Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the applicant's remorse and suitability for community service.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his custodial sentence, demonstrated remorse, and was assessed by the probation officer as suitable for community service. In the interests of justice and rehabilitation, the court exercised its revisionary powers to alter the sentence from imprisonment to a community service order for 30 days at Sotik sub-district hospital.
Court Disposition
sentence revised to community service order
Orders
- The custodial sentence imposed by the trial court is altered.
- The applicant shall serve 30 days of community service under the officer in charge of Sotik sub-district hospital.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 237 OF 2013
(Being A Revision in the Conviction and Sentence on 20. 09. 2013 by the Honourable Resident Magistrate, N.Barasa at Sotik in Traffic .Case No.1888 of 2012)
BERNARD KIMUTAI KIRUI..................................APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Benard Kimutai Kirui was convicted upon his plea of guilt to the offence of stealing from a person contrary to Section 279 (a) of the Penal Code. He was sentenced to serve 2 years imprisonment with effect from 20/09/2012. He has served 16 months imprisonment.
The report by the probation officer shows that the applicant is remorseful and is suitable for community service.
In the circumstnaces the sentence by the trial court is altered and the applicant shall serve the community for 30 days under the officer in charge of Sotik sub-district hospital.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE