[2013] KEHC 1407 (KLR)
The court found that, based on the probation officer's report, the applicant had not maintained any contact with his family members, which would make it difficult to achieve the rehabilitative goals of a non-custodial sentence. Consequently, the trial court's custodial sentence was upheld, and the application for a...
Source-derived case information.
- Citation
- [2013] KEHC 1407 (KLR)
- Parties
- Applicant: Charles Kimutai Ruto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 235 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Application for revision dismissed; custodial sentence upheld.
- Judges
- B Ongaya
- Legal Topics
- Breaking and Entering, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kimutai Ruto
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 applicant's circumstances.
- 2 Whether a non-custodial sentence or community service order is appropriate for the applicant.
Ratio Decidendi
The court found that, based on the probation officer's report, the applicant had not maintained any contact with his family members, which would make it difficult to achieve the rehabilitative goals of a non-custodial sentence. Consequently, the trial court's custodial sentence was upheld, and the application for a community service order was declined. The court emphasized that the feasibility of a non-custodial sentence must be assessed in light of the offender's personal circumstances and the likelihood of successful rehabilitation.
Court Disposition
Application for revision dismissed; custodial sentence upheld.
Orders
- The trial court's sentence is upheld.
- Order for community service 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. 235 OF 2013
(Being A Revision in the Conviction and Sentence on 30. 12. 2011 by the Honourable Resident Magistrate, J.Kasam at Sotik in Criminal Case No.1361 of 2011)
CHARLES KIMUTAI RUTO......................APPLICANT
-VERSUS-
REPUBLIC................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Charles Kimutai Ruto was convicted and sentenced on 30/12/2011 on a charge of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code.
The report by the Probation Officer shows that the applicant has not kept any contacts with family members and it would be difficult to achieve the goals of a non-custodial sentence.
In the circumstances, the trial court's sentence is upheld and an order for community service is declined.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE