[2013] KEHC 1263 (KLR)
The court found that, based on the probation officer's report indicating the applicant's home could not be ascertained and considering the gravity of the offence of stock theft, the applicant was not suitable for a community service order. Consequently, the sentence of five years' imprisonment imposed by the trial...
Source-derived case information.
- Citation
- [2013] KEHC 1263 (KLR)
- Parties
- Applicant: Gideon K. Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 248 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Revision dismissed; sentence of five years' imprisonment upheld.
- Judges
- B Ongaya
- Legal Topics
- Stock Theft, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon K. Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is suitable for a community service order given the probation report and the gravity of the offence.
- 2 Whether the conviction and sentence imposed by the trial court should be upheld.
Ratio Decidendi
The court found that, based on the probation officer's report indicating the applicant's home could not be ascertained and considering the gravity of the offence of stock theft, the applicant was not suitable for a community service order. Consequently, the sentence of five years' imprisonment imposed by the trial court was upheld.
Court Disposition
Revision dismissed; sentence of five years' imprisonment upheld.
Orders
- The sentence by the Honourable trial court is upheld.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 248 OF 2013
(Being A Revision in the Conviction and Sentence on 26. 03. 2013 by the Honourable Resident Magistrate, n. Barasa at Sotik in Criminal .Case No.182 of 2013)
GIDEON K. KIRUI.......................................................APPLICANT
-VERSUS-
REPUBLIC..............................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant is Gideon Kirui. He was convicted of the offence of stealing stock contrary to Section 278 of the Penal Code. He was sentenced to 5 years imprisonment effective 27/3/2013.
The probation officer reports that applicant's home could not be ascertained. The court finds that in view of the probation report and the gravity of the offence, the applicant is not suitable for a community service order. 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