[2024] KEHC 4159 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for assault causing actual bodily harm, 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...
Source-derived case information.
- Citation
- [2024] KEHC 4159 (KLR)
- Parties
- Applicant: Kelvin Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E141 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for community service as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for assault causing actual bodily harm, 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 Kiptororo Chief's Office for three months, in the interest of decongesting the prison and in line with the positive probation report.
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 Kiptororo Chief's Office for three months.
Full Case Text
Judgment text and source record
22 paragraphs
Cheruiyot v Republic (Revision Case E141 of 2024) [2024] KEHC 4159 (KLR) (9 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4159 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E141 of 2024
HM Nyaga, J
April 9, 2024
Between
Kelvin 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:Assault causing actual bodily harm Contrary to Section 251 of the Penal Code.The particulars are that;On the 5th day of November 2023 at Chemare Village in Kuresoi North Sub County within Nakuru County assaulted Gladys Cheruiyot causing actual bodily harm to her.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 50,000/- in default to serve one (1) year in jail.
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 Kiptororo Chief’s Office.
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 Kiptotoro Chiefs Office for three (3) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 9THDAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state