[2023] KEHC 22084 (KLR)
The court found that the applicant, convicted of stealing from a person and sentenced to one year imprisonment, had not demonstrated sufficient grounds for sentence review. The probation officer's report, the complainant's opposition, and the area chief's negative assessment all indicated that the applicant's early...
Source-derived case information.
- Citation
- [2023] KEHC 22084 (KLR)
- Parties
- Applicant: Moses Kipkoech Bosco (Kibet); Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E029 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review declined; applicant to serve remainder of custodial sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Stealing From Person, Prisons Decongestion, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kipkoech Bosco (Kibet)
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence under the prisons decongestion exercise.
- 2 Whether the recommendations of the probation officer and views of the complainant and area chief justify continued incarceration.
Ratio Decidendi
The court found that the applicant, convicted of stealing from a person and sentenced to one year imprisonment, had not demonstrated sufficient grounds for sentence review. The probation officer's report, the complainant's opposition, and the area chief's negative assessment all indicated that the applicant's early release was not justified. The court emphasized the importance of considering the interests of justice, the need for deterrence, and the lack of evidence of rehabilitation or exceptional circumstances. Consequently, the plea for a non-custodial sentence was declined, and the applicant was ordered to serve the remainder of his custodial sentence as imposed by the trial court.
Court Disposition
Application for sentence review declined; applicant to serve remainder of custodial sentence.
Orders
- The applicant, Moses Kipkoech Bosco (Kibet), shall serve the remainder of the prison sentence as imposed by the trial court.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Bosco v Republic (Revision Case E029 of 2023) [2023] KEHC 22084 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22084 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E029 of 2023
HM Nyaga, J
August 22, 2023
Between
Moses Kipkoech Bosco (Kibet)
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The Applicant Moses Kipkoech Bosco (Kibet) was convicted for the offence of Stealing from a person contrary to Section 279 (a) of the Penal Code and sentenced to serve 1-year imprisonment on April 5, 2023.
3. He has so far served about 4 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Probation Officer, Newton Majale recommends that he should continue serving his custodial sentence.
5. According to the said Report the convict is a class 8 dropout and prior to his arrest he stayed alone in Keringet Town where he engaged in car washing jobs, the proceeds of which he used to fend for himself. He intends to go back to his grandfather in Keringet where he will stay shortly before he gets back on his feet and resumes his car wash job. He has a good relationship with his family. The complainant is against his early release as he is still bitter over the events that occurred and requests for compensation before he can be vindicated. The area Chief is against the convict’s release as he has previously handled his stealing issues to no avail and does not believe the time he has been in custody is sufficient for him to learn his lesson. The Applicant is remorseful and pleading for a chance to serve a non- custodial sentence. However, due to the instability at home, the probation officer recommends he should continue to serve his custodial sentence.
6. In light of the above, I decline to grant the plea for review. I order that the convict, Moses Kipkoech Bosco (Kibet), serves the remainder of the prison sentence meted by the trial court.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant