[2013] KEHC 1256 (KLR)
The court found that, despite the familial relationship between the applicant and the complainant, the gravity of the offence of grievous harm and the circumstances of the case rendered the applicant unsuitable for a community service order. The court determined that the sentence of 5 years imprisonment imposed by...
Source-derived case information.
- Citation
- [2013] KEHC 1256 (KLR)
- Parties
- Applicant: Charles Cheruiyot Ngeno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 234 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision declined; sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Grievous Harm, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Cheruiyot Ngeno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for grievous harm should be revised to a community service order.
- 2 Whether the applicant is suitable for a community service order given the circumstances.
Ratio Decidendi
The court found that, despite the familial relationship between the applicant and the complainant, the gravity of the offence of grievous harm and the circumstances of the case rendered the applicant unsuitable for a community service order. The court determined that the sentence of 5 years imprisonment imposed by the trial court was appropriate and should be upheld. The application for revision to a community service order was therefore declined, and the custodial sentence was confirmed.
Court Disposition
application for revision declined; sentence upheld
Orders
- The sentence of 5 years imprisonment imposed by the trial court is upheld.
- The application for a community service order is declined.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 234 OF 2013
(Being A Revision in the Conviction and Sentence on 28. 05. 2013 by the Honourable Senior Resident Magistrate, J. Kassam at Sotik in Criminal Case No.1538 of 2012)
CHARLES CHERUIYOT NGENO...........................APPLICANT
-VERSUS-
REPUBLIC..........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Charles Cheruiyot Ngeno was charged with the offence of grievous harm contrary to Section 234 of the Penal Code. He pleaded guilty, was convicted and sentenced to serve 5 years imprisonment with effect from 28/5/2012.
I have considered that the complainant is the applicant's father and further considered the gravity of the offence involved. In the circumstances of the case the court finds that the applicant is not suitable for community service especially in view of the pending term of imprisonment.
Accordingly, the sentence by the trial court is upheld and a community service order is declined.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE