[2018] KEHC 939 (KLR)
The court found that the appellant's remorse, strong family support, positive sentiments from the complainant and local administration, and willingness to pay back to the community justified a review of the remaining custodial sentence. The court exercised its discretion under section 3 of the Community Service...
Source-derived case information.
- Citation
- [2018] KEHC 939 (KLR)
- Parties
- Appellant: Gael Kiplagat Kibon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 191 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Custodial sentence substituted with Community Service Order.
- Judges
- EM Muriithi
- Legal Topics
- Sentencing Review, Community Service Order, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gael Kiplagat Kibon
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the remaining custodial sentence should be substituted with a Community Service Order given the appellant's remorse and circumstances.
- 2 Whether the original sentence was appropriate in light of the appellant's plea of guilty and positive pre-sentence report.
Ratio Decidendi
The court found that the appellant's remorse, strong family support, positive sentiments from the complainant and local administration, and willingness to pay back to the community justified a review of the remaining custodial sentence. The court exercised its discretion under section 3 of the Community Service Orders Act to substitute the remaining eight months of imprisonment with a three-month Community Service Order at the Loboi Chief’s Office, considering the appellant's rehabilitation prospects and the recommendations of the probation officer.
Court Disposition
Custodial sentence substituted with Community Service Order.
Orders
- The appellant shall serve community service at Loboi Chief’s Office for a period of three months from the date of judgment.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
CRIMINAL APPEAL NO 191 OF 2017
GAEL KIPLAGAT KIBON.......................................................APPELLANT
VERSUS
REPUBLIC...............................................................................RESPONDENT
[An appeal from the original conviction and sentence of criminal case no. 191 of 2017 in the Principal Magistrate’s court at Kabarnet delivered on the 20th day of March, 2017 by Hon. S.O Temu PM]
JUDGMENT
1. The appellant herein was convicted and sentenced for the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code. The appellant/accused was convicted on his on plea of guilty and sentenced to serve imprisonment for a term of (4) years.
2. The appellant did not challenge the conviction but petitioned that he is remorseful and apologetic promising not to repeat the same.
3. The DPP while opposing the appeal urged the appellant should complete the sentence as a deterrent.
4. The court requested for a pre-sentence report noting that the appellant has only eight (8) months to complete his sentence.
5. Mr. Kiprono the Probation Officer gave recommendation on the 7th day of November, 2018 as follows:
“RECOMMENDATION
Given the appellants remorse and the strong family support system, the positive sentiments from the complainants, the local administration and the immediate neighbours, coupled with his willingness to pay back to the community for his wrongdoing; it is our opinion that his remaining period of custodial sentence may be reviewed and substituted with a Community Service Order (CSO) to be served at the office of the Chief Loboi location for a period this honourable court deems fit.
Kiprono M.K
Probation Officer
Baringo Sub-County
Date: 20/11/2018”
Orders
6. Having considered the matter, I find that the circumstances of the case are suitable for an order for Community Service Order under section 3 of the Community Service Order Act.
7. Accordingly, I sentence the appellant to serve community service at Loboi Chief’s Office for a period of three (3) months from today.
DATED AND DELIVERED THIS 5TH DAY OF DECEMBER 2018
EDWARD M. MURIITHI
JUDGE
Appearances:
Appellant in person
Ms. Macharia Assistant DPP for the Respondent