[2013] KEHC 1375 (KLR)
The court found that the applicant, having been convicted and sentenced to a fine or imprisonment for offences under the Traffic Act, was suitable for a community service order as recommended by the probation officer. The court exercised its revisionary jurisdiction to vary the sentence from imprisonment to a...
Source-derived case information.
- Citation
- [2013] KEHC 1375 (KLR)
- Parties
- Applicant: Bernard Tanui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 279 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence varied; community service order imposed
- Judges
- B Ongaya
- Legal Topics
- Sentencing Variation, Community Service Orders, Traffic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Tanui
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 probation officer's report.
- 2 Whether the applicant is suitable for a community service order as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having been convicted and sentenced to a fine or imprisonment for offences under the Traffic Act, was suitable for a community service order as recommended by the probation officer. The court exercised its revisionary jurisdiction to vary the sentence from imprisonment to a community service order, considering the applicant's suitability and the interests of justice.
Court Disposition
sentence varied; community service order imposed
Orders
- The sentence by the trial court is varied.
- The applicant shall serve the community at Kimolwet Location Chief's office for 60 days under the Chief's supervision.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 279 OF 2013
(Being A Revision in the Conviction and Sentence on 22. 07. 2013 by the Honourable Senior Resident Magistrate, J.Kasam at Sotik in Traffic .Case No.329 of 2013)
BERNARD TANUI.................................................APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Benard Tanui was convicted and sentenced to a fine of Kshs. 10,000 in default 5 months imprisonment for the 3 counts of offences committed contrary to Section 103 (B) of the Traffic Act, Chapter 405, Laws of Kenya. He was imprisoned effective 22/07/2013.
The report by the probation officer shows that the applicant is suitable for community service order.
In the circumstances the sentence by the trial court is varied and the applicant shall serve the community at Kimolwet Location Chief's office for 60 days under the Chief's supervision.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE