[2023] KEHC 17339 (KLR)
The court found that the sentence of 2 years' imprisonment for assault causing bodily harm was neither harsh nor excessive, given the applicant's lack of remorse, the violent nature of the offence, and the negative recommendations in both the pre-sentence and sentence review reports. The reports indicated that the...
Source-derived case information.
- Citation
- [2023] KEHC 17339 (KLR)
- Parties
- Applicant: Josphat Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E397 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for revision dismissed; custodial sentence upheld.
- Judges
- HM Nyaga
- Legal Topics
- Assault Causing Bodily Harm, Sentencing Principles, Plea of Guilty, Pre Sentence Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence of 2 years' imprisonment for assault causing bodily harm was harsh or excessive.
- 2 Whether the applicant was suitable for a non-custodial sentence given the pre-sentence and sentence review reports.
Ratio Decidendi
The court found that the sentence of 2 years' imprisonment for assault causing bodily harm was neither harsh nor excessive, given the applicant's lack of remorse, the violent nature of the offence, and the negative recommendations in both the pre-sentence and sentence review reports. The reports indicated that the applicant posed a threat to his family, including his mother and siblings, and was not suitable for a non-custodial sentence. The court emphasized the need to prioritize safety and allow the applicant time to reflect on his actions, concluding that the custodial sentence should stand and the applicant should continue serving the remainder of his sentence in custody.
Court Disposition
Application for revision dismissed; custodial sentence upheld.
Orders
- The applicant shall continue serving the remainder of his sentence in custody.
Full Case Text
Judgment text and source record
21 paragraphs
Cheruiyot v Republic (Revision Case E397 of 2022) [2023] KEHC 17339 (KLR) (11 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17339 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E397 of 2022
HM Nyaga, J
May 11, 2023
Between
Josphat Cheruiyot
Applicant
and
Republic
Respondent
Ruling
1. The applicant Josphat Cheruiyot was convicted on his own plea of guilty for the offence of Assault causing bodily harm contrary to section 251 of the Penal Code.
2. The particulars were that on May 8, 2022 at around 1700hrs in Teret Location in Mauche, Njoro Sub County within Nakuru County, he assaulted Geoffrey Kiplangat thereby causing him actual bodily harm.
3. On May 30, 2022, he was sentenced to serve 2 years’ imprisonment. The trial court had called for a pre-sentence report on the accused which found him unsuitable for a non-custodial sentence. Crucially, he was found to have had no remorse at all after attacking his own brother. His own mother expressed fears for her life, owing to the applicant’s violent nature.
4. The Sentence Review Report by Samuel Ndung’u filed on August 31, 2022, also recommends that the Applicant is not suitable for a non-custodial sentence on grounds that victim expressed fear that the applicant may be a threat to his mother and his siblings. The applicant’s brother stated that the applicant’s relationship with other people is antagonizing and he is known to be cruel.
5. Given the above position I do find that the sentence imposed by the trial court cannot be said to be harsh or excessive. Even if the court is enjoined to take measures to decongest the prisons, I think that this is a case where I ought to act on the side of caution. It is better to be safe than sorry. The applicant needs time to reflect on his misdeeds.
6. In light of the above observations, I order that the applicant should continue serving the remainder of his sentence in custody.
DATED, SIGNED & DELIVERED AT NAKURU THIS 11TH DAY OF MAY, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant - present