[2024] KEHC 14756 (KLR)
The court found that, based on the probation officer's report, the applicant was suitable for a community service order. The purpose of the revision was to decongest the prison and to consider the applicant's circumstances. The court exercised its revisionary jurisdiction to substitute the remaining custodial...
Source-derived case information.
- Citation
- [2024] KEHC 14756 (KLR)
- Parties
- Applicant: Edna Chepkemoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E540 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; applicant to serve remainder of sentence under community service order.
- Judges
- PN Gichohi
- Legal Topics
- Infanticide, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edna Chepkemoi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised from imprisonment to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that, based on the probation officer's report, the applicant was suitable for a community service order. The purpose of the revision was to decongest the prison and to consider the applicant's circumstances. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a community service order at Chebara Chief's camp, holding that the interests of justice and rehabilitation would be better served by a non-custodial sentence in this case.
Court Disposition
Sentence revised; applicant to serve remainder of sentence under community service order.
Orders
- The applicant shall serve the remainder of her sentence under a Community Service Order at Chebara Chief's camp.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Chepkemoi v Republic (Criminal Revision E540 of 2024) [2024] KEHC 14756 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14756 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E540 of 2024
PN Gichohi, J
November 25, 2024
Between
Edna Chepkemoi
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Edna Chepkemoi) was charged in Molo MCCR E034 of 2023 with the offence of Infanticide contrary to Section 210 of the Penal Code.
3. The particulars are that on the 20th Day of September, 2023 at Chebara village in Sotiki Location in Kuresoi South Sub County within Nakuru County in the Republic of Kenya, being a mother of baby Emmanuel Elan infant aged one day old, caused the death of the said infant by dumping him in the pit latrine.
4. She pleaded guilty and was sentenced to serve three (3) years imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 19th November, 2024 found the Applicant suitable for Community Service. It is recommended that she be placed on Community Service Order for the remaining part of her sentence at Chebara Chief’s camp.
6. This case is suitable for Revision. The Applicant is now to serve the reminder of her sentence thereof under Community Service Order at Chebara Chief’s camp.
7. The terms will be explained to her.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant