[2024] KEHC 2607 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for stealing maize worth Kshs. 2,000, was suitable for community service as recommended by the probation officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with...
Source-derived case information.
- Citation
- [2024] KEHC 2607 (KLR)
- Parties
- Applicant: Benard Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E056 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence under community service.
- 2 Whether the applicant is suitable for community service as recommended by the probation officer.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for stealing maize worth Kshs. 2,000, was suitable for community service as recommended by the probation officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Bahati Chiefs Camp for three months, in line with the objectives of decongesting prisons and promoting rehabilitation for minor offences. The decision was based on the positive sentence review report and the minor nature of the offence.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Bahati Chiefs Camp for three months.
Full Case Text
Judgment text and source record
23 paragraphs
Cheruiyot v Republic (Revision Case E056 of 2024) [2024] KEHC 2607 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2607 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E056 of 2024
HM Nyaga, J
March 14, 2024
Between
Benard Cheruiyot
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 was charged with the offence of Stealing Contrary to Section 268 as read with Section 275 of the Penal Code.
3. The particulars are that; On the 12th day of December, 2023 at around 1500 hours at Mogoon Village in Nakuru West sub County within Nakuru County stole ten kilogrammes of maize valued at Kshs. 2000/= the property of Emilly Chelangat.
4. He pleaded guilty and he was sentenced to serve Six (6) months in jail.
5. The Applicant has served a substantial part of this sentence.
6. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Bahati Chiefs Camp.
7. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Bahati Chiefs Camp for Three (3) months.
8. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 14TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state