[2024] KEHC 14752 (KLR)
The court found that the applicant, having been convicted of being in possession of a firearm without a licence and sentenced to a fine of Ksh.70,000 or twelve months imprisonment in default, was suitable for a Community Service Order based on the Probation Officer's report. The court exercised its revisionary...
Source-derived case information.
- Citation
- [2024] KEHC 14752 (KLR)
- Parties
- Applicant: Abdallah Kipsigei Chesmet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E491 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; applicant to serve remainder of sentence under Community Service Order at Kuresoi Police Station.
- Judges
- PN Gichohi
- Legal Topics
- Firearm Offences, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdallah Kipsigei Chesmet
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
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 a Community Service Order under the circumstances.
Ratio Decidendi
The court found that the applicant, having been convicted of being in possession of a firearm without a licence and sentenced to a fine of Ksh.70,000 or twelve months imprisonment in default, was suitable for a Community Service Order based on the Probation Officer's report. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a Community Service Order to be served at Kuresoi Police Station, in line with the recommendation to decongest the prison and considering the applicant's suitability for non-custodial punishment.
Court Disposition
Sentence revised; applicant to serve remainder of sentence under Community Service Order at Kuresoi Police Station.
Orders
- The applicant shall serve the remainder of his sentence under a Community Service Order at Kuresoi Police Station.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Chesmet v Republic (Criminal Revision E491 of 2024) [2024] KEHC 14752 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14752 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E491 of 2024
PN Gichohi, J
November 25, 2024
Between
Abdallah Kipsigei Chesmet
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 (Abdallah Kipsigei Chesmet) was charged in Molo MCCR E672 of 2021 with the offence of Being in possession of a firearm without a licence contrary to Section 4A(1)(a) of the Firearm Act.
3. The particulars are that on 13th March, 2021 at Chepkosa area Kuresoi North Sub County within Nakuru County, was found being unlawfully in possession of a firearm namely Germany Webley Long Barrel Revolver.
4. He pleaded not guilty and proceeded on trial where he was found guilty and was sentenced to pay a fine of Ksh.70,000/= in default twelve (12) months imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order to serve the reminder of his sentence at Kuresoi Police Station.
6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Kuresoi Police Station.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant