[2024] KEHC 4284 (KLR)
The court found that the applicant, having served part of his custodial sentence and demonstrated remorse, is suitable for a non-custodial sentence based on the positive probation report. The rehabilitative purpose of sentencing, the applicant's ongoing studies, and the family's request for his release were...
Source-derived case information.
- Citation
- [2024] KEHC 4284 (KLR)
- Parties
- Applicant: Peter Gichorio; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E071 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed and substituted with a community service order.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Plea of Guilty, Probation Report, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Gichorio
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for a review of his custodial sentence based on the probation report and personal circumstances.
- 2 Whether a non-custodial sentence is appropriate for the applicant given the positive probation report and his ongoing studies.
Ratio Decidendi
The court found that the applicant, having served part of his custodial sentence and demonstrated remorse, is suitable for a non-custodial sentence based on the positive probation report. The rehabilitative purpose of sentencing, the applicant's ongoing studies, and the family's request for his release were considered. The court determined that the remaining period of the sentence could be effectively served through a community service order, which aligns with the objectives of rehabilitation and reintegration into society. Accordingly, the custodial sentence was substituted with a community service order for the remaining period.
Court Disposition
Custodial sentence reviewed and substituted with a community service order.
Orders
- The applicant is to serve a community service order for forty days at Langas Police station.
- The applicant is released from custody to serve the non-custodial sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Gichorio v Republic (Criminal Revision E071 of 2024) [2024] KEHC 4284 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4284 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E071 of 2024
RN Nyakundi, J
April 11, 2024
Between
Peter Gichorio
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and sentenced on his own plea of guilty to 1 year imprisonment for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code.
2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p) &(q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.
3. The applicant seeks a sentence review based on the Probation sentence report filed on 26th March, 2024. The report is positive and recommends him for a community service order at Langas Police station.
4. The applicant admits to this offence, he is remorseful and is willing to serve a non-custodial sentence. The applicant further cites that he is ongoing with his studies. The nucleus of any correctional system is its rehabilitative and reparative functions.
5. In my considered view and taking into consideration the probation report, the period served by the applicant has shaped his character. The remaining period of 5 months can be utilized through a non-custodial sentence. The family requested that he may be considered for release so that he can continue with his studies. I believe the applicant is suitable for a non-custodial sentence. A community service order is therefore efficient for the remaining period. He is directed to serve the same for forty days at Langas Police station.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11THDAY OF APRIL 2024. R. NYAKUNDIJUDGE