[2024] KEHC 2904 (KLR)
The court found that the applicant had served a substantial part of his custodial sentence for stealing farm produce and that the Probation Officer's report recommended him as suitable for community service. In the interest of decongesting the prison and considering the applicant's suitability, the court exercised...
Source-derived case information.
- Citation
- [2024] KEHC 2904 (KLR)
- Parties
- Applicant: Charles Kipkoech Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E066 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 Farm Produce
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kipkoech Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Probation Officer's recommendation for community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under community service.
Ratio Decidendi
The court found that the applicant had served a substantial part of his custodial sentence for stealing farm produce and that the Probation Officer's report recommended him as suitable for community service. In the interest of decongesting the prison and considering the applicant's suitability, the court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Salgaa Police Station for one month. The court held that this alternative sentence was appropriate and in line with statutory provisions and the recommendations of the Probation Officer.
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 Salgaa Police Station for one month.
Full Case Text
Judgment text and source record
22 paragraphs
Cheruiyot v Republic (Revision Case E066 of 2024) [2024] KEHC 2904 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2904 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E066 of 2024
HM Nyaga, J
March 20, 2024
Between
Charles Kipkoech 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 farm produce Contrary to Section 8(1) of the Stock and Produce Act Cap 355 Laws of Kenya.The particulars are that;On the 9th day of August 2023 at Githigio area in Rongai Sub County, within Nakuru County, jointly with another not before court stole fifty three pieces of green unshelled maize and thirty three bales of boma Rhodes grass all valued at Kshs. 14,490/= the property of Peris Adema Ilenji
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 52,000/- in default to serve twelve (12) months imprisonment.
4. The Applicant has served a substantial part of this sentence.
5. 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 Salgaa Police Station.
6. 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 Salgaa Police Station for one (1) month.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 20TH DAY OF MARCH, 2024. ......................................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state