[2023] KEHC 23776 (KLR)
The court found that the applicant had served a significant portion of her sentence, demonstrated remorse, and was assessed by both the probation officer and prison authorities as reformed and ready to resume care of her child. In light of the favourable sentence review report and the principle of rehabilitation,...
Source-derived case information.
- Citation
- [2023] KEHC 23776 (KLR)
- Parties
- Applicant: Mercy Chepkosgei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E024 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence revised to non-custodial Community Service Order.
- Judges
- JK Sergon
- Legal Topics
- Child Neglect, Sentencing Review, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Chepkosgei
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be revised from a custodial to a non-custodial sentence.
- 2 Whether the applicant has demonstrated sufficient remorse and rehabilitation to warrant a sentence review.
Ratio Decidendi
The court found that the applicant had served a significant portion of her sentence, demonstrated remorse, and was assessed by both the probation officer and prison authorities as reformed and ready to resume care of her child. In light of the favourable sentence review report and the principle of rehabilitation, the court exercised its discretion to revise the custodial sentence to a non-custodial one, ordering the applicant to serve the remainder of her sentence under a Community Service Order at the local Assistant Chief’s Office.
Court Disposition
Custodial sentence revised to non-custodial Community Service Order.
Orders
- The applicant, Mercy Chepkosgei, is released from prison.
- The applicant shall serve the remaining eight months of her sentence under Community Service Order at Sachangwan Sub Location Assistant Chief’s Office, under supervision of the Area Assistant Chief.
Full Case Text
Judgment text and source record
22 paragraphs
Chepkosgei v Republic (Criminal Revision E024 of 2023) [2023] KEHC 23776 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23776 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E024 of 2023
JK Sergon, J
October 19, 2023
Between
Mercy Chepkosgei
Applicant
and
Republic
Respondent
Ruling
1. Mercy Chepkosgei, hereinafter referred to as the Applicant was convicted of neglect of a child contrary to section 127 (1) as read with (b) of the Children Act No. 8 of 2001.
2. On 28th June, 2022, Hon. Aziza Ajwang, the then Resident Magistrate sentenced the Applicant to two years imprisonment.
3. The proceedings relating to the aforesaid case, that is Kericho CM Criminal Case No. E1272 of 2023 Republic v Mercy Chepkosgei were placed before this Court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.
4. The Probation Officer filed a sentence review report. In the said report it was noted that the applicant was remorseful, she was pleading for the Court's mercy citing that she will be a law abiding citizen. The prison authorities were of the view that the applicant had reformed, she was ready to take care of her child and was therefore suitable for a non-custodial sentence.
5. The probation officer while taking into consideration the sentiments by prison authorities that the applicant herein was a reformed person and was ready to take care of her child, recommended that the applicant completes the remaining term of her sentence while on a non-custodial sentence.
6. I have already stated the sentence pronounced by the then Learned Resident Magistrate. The Applicant has so far served one (1) year, four (4) months and she is remaining with eight (8) months to complete her sentence.
7. Having considered the fact that the sentence review report is favourable, I hereby order that the Applicant Namely:- Mercy Chepkosgei be released from Prison and ordered to serve the remainder of her sentence of Eight (8) months under Community Service Order (CSO) at Sachangwan Sub Location Assistant Chief’s Office, under the supervision of the Area Assistant Chief.
DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. J.K. SERGONJUDGE