[2013] KEHC 1381 (KLR)
The court found that the probation officer's report indicated the applicant required guidance and close supervision, making him unsuitable for a community service order. Consequently, the application for a community service order was declined, and the sentence imposed by the trial court—a fine of Kshs. 30,000 in...
Source-derived case information.
- Citation
- [2013] KEHC 1381 (KLR)
- Parties
- Applicant: Emmanuel Korir Rotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 242 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision declined; sentence of the trial court upheld
- Judges
- B Ongaya
- Legal Topics
- Stealing Stock, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Korir Rotich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is entitled to a community service order in lieu of the sentence imposed by the trial court.
- 2 Whether the sentence imposed by the trial court should be upheld or revised.
Ratio Decidendi
The court found that the probation officer's report indicated the applicant required guidance and close supervision, making him unsuitable for a community service order. Consequently, the application for a community service order was declined, and the sentence imposed by the trial court—a fine of Kshs. 30,000 in default three years imprisonment—was upheld. The court exercised its discretion to maintain the original sentence, finding no sufficient grounds to interfere with the trial court's decision.
Court Disposition
application for revision declined; sentence of the trial court upheld
Orders
- The application for a community service order is declined.
- The sentence by the Honourable trial court is upheld.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 242 OF 2013
(Being A Revision in the Conviction and Sentence on 04. 01. 2013 by the Honourable Ag.Senior Resident Magistrate, J.Kasam at Sotik in Criminal Case No.4 of 2013)
EMMANUEL KORIR ROTICH.....................................APPLICANT
-VERSUS-
REPUBLIC..............................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The Applicant Emmanuel Korir Rotich pleaded guilty to the offence of stealing stock contrary to Section 278 of the Penal Code. He was convicted and sentenced to a fine of Kshs. 30,000 in default 3 years imprisonment effective 4/01/2013.
The report by the probation officer indicates that the applicant needs guidance and close supervision.
In the circumstances, the application for community service order is declined and the sentence by the Honourable trial court is upheld.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE