[2023] KEHC 23814 (KLR)
The court found that the applicant had served a significant portion of his sentence, demonstrated remorse, and was assessed as reformed by both the prison authorities and the probation officer. The home environment was deemed suitable for his release, and the victim was no longer in the vicinity. Based on these...
Source-derived case information.
- Citation
- [2023] KEHC 23814 (KLR)
- Parties
- Applicant: Boaz Kiplangat Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E033 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence revised; applicant to serve remainder on community service order
- Judges
- JK Sergon
- Legal Topics
- Defilement, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boaz Kiplangat Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant should serve the remainder of his sentence on a Community Service Order (CSO).
- 2 Whether the sentence review report and circumstances justify a revision of the custodial sentence.
Ratio Decidendi
The court found that the applicant had served a significant portion of his sentence, demonstrated remorse, and was assessed as reformed by both the prison authorities and the probation officer. The home environment was deemed suitable for his release, and the victim was no longer in the vicinity. Based on these factors and the favourable sentence review report, the court exercised its discretion under the Criminal Procedure Code to revise the custodial sentence and order that the applicant serve the remainder of his sentence on a Community Service Order under supervision.
Court Disposition
sentence revised; applicant to serve remainder on community service order
Orders
- The applicant, Boaz Kiplangat Cheruiyot, is set free from prison.
- The applicant shall serve the remainder of his sentence, two years and two months, on a Community Service Order at Kapkisiara Location under the supervision of the area Chief.
Full Case Text
Judgment text and source record
21 paragraphs
Cheruiyot v Republic (Criminal Revision E033 of 2023) [2023] KEHC 23814 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23814 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E033 of 2023
JK Sergon, J
October 19, 2023
Between
Boaz Kiplangat Cheruiyot
Applicant
and
Republic
Respondent
Ruling
1. Boaz Kiplangat Cheruiyot hereinafter referred to as the applicant was convicted of the offence of defilement contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act No. 3 of 2006.
2. On November 2, 2022, Hon Aziza Ajwang, the Learned Senior Resident Magistrate sentenced the Applicant to serve three (3) years imprisonment.
3. The proceedings relating to the aforesaid case, that is Kericho CM S.O Case No. 20 of 2020 Republic-vs- Boaz Kiplangat Cheruiyot 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 on July 24, 2023. In the said report it was noted that the applicant is remorseful, the applicant promised not to reoffend and to be a law abiding citizen. The prison authorities were of the view that the applicant had reformed. The probation officer also noted that the applicant has a fixed place of abode, his ancestral home at Kapkisiara Location. The Area Chief reported that the home environment was suitable for his release as the victim has been married off. The probation officer therefore recommended that the applicant completes the remaining term of his sentence on Community Service Order (CSO).
5. I have already stated the sentence pronounced by the learned Senior Resident Magistrate. The applicant has so far served ten (10) months and he is remaining with two (2) years and two (2) months to complete his sentence.
6. Having considered the fact that the sentence review report is favourable, I hereby direct that the applicant Namely:- Boaz Kiplangat Cheruiyot be set free from Prison and ordered to serve the remainder of his sentence i.e. two (2) years and two (2) months on a Community Service Order (CSO) at Kapkisiara Location under the supervision of the area Chief.
DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. ...........................J.K. SERGONJUDGE