[2024] KEHC 3343 (KLR)
The court found that the applicant, having served a substantial part of his sentence for stealing, 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...
Source-derived case information.
- Citation
- [2024] KEHC 3343 (KLR)
- Parties
- Applicant: Elijah Chesire Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E069 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
Elijah Chesire 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 based on the probation report.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his sentence for stealing, 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 Olbonata Secondary School for five months, in the interest of decongesting prison and considering the minor nature of the offence and the applicant's suitability.
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 his sentence under community service at Olbonata Secondary School for five months.
Full Case Text
Judgment text and source record
22 paragraphs
Cheruiyot v Republic (Revision Case E069 of 2024) [2024] KEHC 3343 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3343 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E069 of 2024
HM Nyaga, J
March 20, 2024
Between
Elijah Chesire 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.The particulars are that;On the 27th November 2023 at around 0530 hours at Kitur Farm Solai in Rongai Sub county within Nakuru County entered a chicken house of Miriam Chesire Cheruiyot and stole thereon three (3) chickens (1 cock and 2 hens) valued at Kshs. 2,000/= the property of Miriam Chesire Cheruiyot).
3. He pleaded guilty and he was sentenced 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 Olbonata Secondary School.
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 Olbonata Secondary School for five (5) months.
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