[2013] KEHC 1417 (KLR)
The court found that the applicant, having shown remorse and considering the nature of the traffic offences, qualified for a community service order. The trial court's sentence was therefore varied, and the applicant was ordered to serve 30 days of community service at the chief's office, Kiptenden Location, under...
Source-derived case information.
- Citation
- [2013] KEHC 1417 (KLR)
- Parties
- Applicant: Gilbert Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 199 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence varied to community service order
- Judges
- B Ongaya
- Legal Topics
- Traffic Offences, Sentencing Variation, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant qualifies for 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 varied.
Ratio Decidendi
The court found that the applicant, having shown remorse and considering the nature of the traffic offences, qualified for a community service order. The trial court's sentence was therefore varied, and the applicant was ordered to serve 30 days of community service at the chief's office, Kiptenden Location, under the chief's supervision. The decision was based on the probation officer's report and the court's discretion to impose a non-custodial sentence where appropriate.
Court Disposition
sentence varied to community service order
Orders
- The applicant shall serve the community for 30 days at the chief's office, Kiptenden Location under the chief's supervision.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 199 OF 2013
(Being A Revision in the Conviction and Sentence on 4. 09. 2013 by the Honourable Ag.Senior Resident Magistrate, V.Karanja at Bomet in Tr. Case No. 359 of 2013)
GILBERT LANGAT........................................APPLICANT
-VERSUS-
REPUBLIC................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
I have considered the report by the probation officer. The applicant is remorseful. I have considered the nature of the traffic offences the applicant was found guilty, convicted and sentenced by the trial court.
Am of the opinion that the applicant qualifies for community service order. The trial court's sentence is varied and the applicant shall serve the community for 30 days at the chief's office, Kiptenden Location under the chief's supervision.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE