[2013] KEHC 1325 (KLR)
The court found that the applicant had demonstrated remorse and a willingness to reform, as evidenced by the probation officer's report and his conduct while serving at the prison farm. The court determined that the objectives of sentencing, including rehabilitation and reintegration, would be better served by...
Source-derived case information.
- Citation
- [2013] KEHC 1325 (KLR)
- Parties
- Applicant: Dan Karang Chelule; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 176 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Revision of Sentence, Community Service Orders, Office Breaking, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dan Karang Chelule
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the applicant's remorse and rehabilitation prospects.
- 2 Whether a community service order is appropriate in substitution for the custodial sentence imposed.
Ratio Decidendi
The court found that the applicant had demonstrated remorse and a willingness to reform, as evidenced by the probation officer's report and his conduct while serving at the prison farm. The court determined that the objectives of sentencing, including rehabilitation and reintegration, would be better served by substituting the custodial sentence with a community service order. Accordingly, the original sentence of nine months imprisonment was altered and replaced with an order for the applicant to serve the community at the Chief's office in Satiet location for three months.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of nine months imprisonment is set aside.
- The applicant shall serve the community at the Chief's office in Satiet location under the chief for three months from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 176 OF 2013
(Being A Revision in the Conviction and Sentence on 09. 09. 2013 by the Honourable J.Kwena Senior Principal Magistrate at Bomet in Criminal Case No. 634 of 2013)
DAN KARANG CHELULE…………........................APPLICANT
-VERSUS-
REPUBLIC............................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
This is the ruling in an application for revision under Sections 362 and 364 of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya, and under Section 8(2) of the Community Service Orders Act, 1998. The applicant is Dan Karang Chelule who was charged with the offence of Office breaking and committing a felony contrary to Section 306(a) of the Penal Code, Chapter 63 Laws of Kenya and in the Senior Principal Magistrate’s Court at Bomet.
The applicant pleaded guilty as charged and the learned trial magistrate on 23. 07. 2013 convicted and sentenced to serve 9 months imprisonment.
The probation officer has filed a report in view of the application for revision now before this court. The report indicates that the applicant is serving at the prison farm and has gained skills in gardening. The report states that the applicant is remorseful; his relatives are willing to receive him; and can serve the community at the chief’s office in Satiet location.
The court has considered the report by the probation officer and the applicant’s keenness to improve as a responsible citizen. It is the view of the court that he should be encouraged to engage in lawful income generating activities.
In conclusion, the sentence by the honourable trial court is altered and substituted with the order for the applicant to serve the community at the Chief’s office in Satiet location under the chief for three months from the date of this ruling.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE