https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12639

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL MISCELLANEOUS APPLICATION NO. E038 OF 2026** **BRAVIN KIPROTICH …………………...…………………….APPLICANT** **VERSUS** **REPUBLIC …………………………………………………...RESPONDENT** **RULING** 1. By way of Notice of Motion dated 12th March 2026, brought pursuant to the provisions of **Sections 354, 362 and 364 of the Criminal Procedure Code, Cap 75, Laws of Kenya**, the Applicant, Bravin Kiprotich, seeks the following order; 2. **That the Honourable Court be pleased to review the sentence meted out against the Applicant in Sirisia Principal Magistrate's Court Criminal Case No. E478 of 2024 and grant him either a lenient sentence or place him on a non-custodial sentence in respect of the remainder of the sentence.** 3. The Application is premised on the grounds on the face of it and the averments contained in the Supporting Affidavit of the Applicant sworn on 12th March 2026. The Applicant deposed that he was charged with the offence of stealing stock contrary to **Section 278 of the Penal Code**, and that on 22nd October 2024, the trial Magistrate, Hon. Lang'at, presiding over the Principal Magistrate's Court at Sirisia, convicted him and sentenced him to a term of three (3) years of imprisonment. 4. The Applicant further deposed that he is remorseful, that he was a first-time offender and that he was of a young age, being eighteen (18) years old, at the time of his arrest. He prayed that this Honourable Court be pleased to grant him either a lenient sentence or place him on a non-custodial sentence in respect of the remainder of the sentence. 5. Upon considering the Application, this Court, on 23rd July 2026, directed that a Probation Report be prepared and filed to guide the Court on the suitability of the Applicant for a review of sentence. The said Report, prepared by the Sub-County Probation Officer, Bungoma West, Sirisia Probation Station, was filed in Court on 30th July 2026. 6. The Probation Report confirms that the Applicant has, according to prison records, undergone institutionalized rehabilitation for a period of one (1) year and nine (9) months of his three (3) year sentence, during which period he has acquired sufficient practical and moral skills, and that the prison department confirms that he is ready to continue with rehabilitation within the community as he gives back to society. 7. The Report further notes that the Applicant has a supportive family network willing to guide his reform, that his mother maintains regular contact with him by telephone while in custody, and that the community's perception of him has improved, with the community acknowledging his participation in institutionalised rehabilitation and expressing optimism regarding his reformation. 8. On the Applicant's attitude towards non-custodial measures, the Probation Officer states that the Applicant appears to have learnt a lesson from the period he has served in prison, that he demonstrates remorse and prays for an opportunity to continue his rehabilitation within the community. 9. Arising from the foregoing, the Probation Officer recommends that, the Applicant having served one (1) year and nine (9) months and having manifested sufficient rehabilitation, with a supportive family and an improved community perception, the Applicant's sentence be reviewed and that he be given a chance to serve a non-custodial sentence, with Community Service to be served at Kanganga Dispensary. **Determination** 1. I have carefully considered the Notice of Motion, the Supporting Affidavit of the Applicant and the Probation Report filed pursuant to the directions of this Court. The sole issue that arises for determination is 1. **Whether, in light of the material now before the Court, the sentence imposed upon the Applicant in Sirisia Principal Magistrate's Court Criminal Case No. E478 of 2024 merits review, and if so, what order this Court ought to make in the circumstances.** 2. **Sections 354, 362, and 364 of the Criminal Procedure Code** vest this Court with jurisdiction, in the exercise of its revisionary and appellate powers, to call for and examine the records of proceedings from a subordinate court. This is for the purpose of ensuring the correctness, legality, or propriety of any sentence rendered therein. 3. The Court may issue such orders as it considers appropriate, including the enhancement, reduction, or modification of the imposed sentence. This jurisdiction is exercised sparingly and only when the Court is convinced, based on the material presented, that the interests of justice necessitate such action. 4. In the present case, I have reviewed a comprehensive and favourable Probation Report prepared by the Sub-County Probation Officer, Bungoma West. The Report confirms that the Applicant was eighteen (18) years old at the time of the offence and is a first-time offender. He has served one (1) year, and nine (9) months of the three (3) year sentence imposed upon him. 5. During this period, he has undergone institutionalized rehabilitation and acquired practical and moral skills to the satisfaction of the prison authorities. Additionally, he demonstrates genuine remorse and benefits from a supportive family network committed to guiding his reintegration. Furthermore, the community's perception of him has improved, with local residents expressing optimism regarding his reformation and willingness to receive him back. 6. Having carefully examined the nature and circumstances of the offence, the age of the Applicant at the time of commission, the period already served, the positive progress achieved through institutionalized rehabilitation, and the support available from family and community, along with the clear and compelling recommendation of the Probation Officer that the applicant be subjected to a non-custodial sentence with Community Service to be carried out at Kanganga Dispensary, I am satisfied that this case merits a discretionary review of the sentence by this Court. 7. In this regard, I find no reason to deviate from the Probation Officer's recommendation, which I hereby fully endorse. In the result, I find merit in the Application dated 12th March 2026, and the same is hereby allowed in the following terms; 8. **The sentence of three (3) years' imprisonment imposed upon the Applicant, Bravin Kiprotich, in Sirisia Principal Magistrate's Court Criminal Case No. E478 of 2024, is now hereby reviewed and commuted to a term of six (6) months' Community Service Order(CSO), to be served at Kanganga Dispensary, under the supervision of the Probation and Community Service Officer, Sirisia Probation Station.** **Read dated and Signed at BUNGOMA on 30th July 2026.** **E. OMINDE** **JUDGE**