[2013] KEHC 1420 (KLR)
The court found that the applicants, having been convicted of having or conveying suspected stolen property under section 323 of the Penal Code, were not suitable for community service orders due to their history of breaking the law as indicated in the probation officer's report. The court determined that there was...
Source-derived case information.
- Citation
- [2013] KEHC 1420 (KLR)
- Parties
- Applicant: Bernard Kipyegon Koech; Applicant: Anderson Kiptoo Rono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 258 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Sentencing, Revision of Sentence, Suspected Stolen Property, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kipyegon Koech
Applicant
Anderson Kiptoo Rono
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the conviction and sentence for having or conveying suspected stolen property should be revised.
- 2 Whether the applicants are suitable candidates for community service orders.
Ratio Decidendi
The court found that the applicants, having been convicted of having or conveying suspected stolen property under section 323 of the Penal Code, were not suitable for community service orders due to their history of breaking the law as indicated in the probation officer's report. The court determined that there was no basis to interfere with the sentence imposed by the trial court, as it was lawful and appropriate in the circumstances. Consequently, the application for revision was dismissed and the sentence upheld.
Court Disposition
application for revision dismissed; sentence upheld
Orders
- The sentence by the trial court is upheld.
- The applicants are not suitable for community service orders.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 258 OF 2013
(Being A Revision in the Conviction and Sentence on 17. 04. 2013 by the Honourable Senior Resident Magistrate, J.Kasam at Sotik in Criminal .Case No.200 of 2013)
BERNARD KIPYEGON KOECH.....................1ST APPLICANT
ANDERSON KIPTOO RONO.........................2ND APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicants are Benard Kipyegon Koech and Anderson Kiptoo Rono were each convicted of committing the offence of having or conveying suspected stolen property contrary to section 323 of the Penal Code. They were each sentenced to a fine of Kshs. 20,000 in default to serve one year imprisonment. The 1st applicant has served 6 months imprisonmen and the 2nd applicant 3 months imprisonment.
The report by the probation officer shows that the applicants carry a history of breaking the law and are habitually not law abiding citizens.
In the circumstances the court finds that they are not suitable for community service orders. The sentence by the honourable trial court is upheld.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE