[2013] KEHC 1403 (KLR)
The court found that the applicant had been convicted and sentenced to 18 months imprisonment for attempted robbery, not two years as mistakenly indicated in the probation officer's report. Considering the applicant's remorse, the period already served, and his demonstrated improvement into a responsible citizen,...
Source-derived case information.
- Citation
- [2013] KEHC 1403 (KLR)
- Parties
- Applicant: Jackson Kipkemoi Koech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 181 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- applicant discharged forthwith
- Judges
- B Ongaya
- Legal Topics
- Attempted Robbery, Sentencing Revision, Community Service Orders, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kipkemoi Koech
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was correct and properly recorded.
- 2 Whether the applicant is entitled to discharge based on remorsefulness and rehabilitation.
Ratio Decidendi
The court found that the applicant had been convicted and sentenced to 18 months imprisonment for attempted robbery, not two years as mistakenly indicated in the probation officer's report. Considering the applicant's remorse, the period already served, and his demonstrated improvement into a responsible citizen, the court exercised its revisionary jurisdiction to order his immediate discharge. The decision was guided by the principles of justice, rehabilitation, and the proper recording of sentences.
Court Disposition
applicant discharged forthwith
Orders
- The applicant shall be discharged forthwith.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 181 OF 2013
(Being A Revision in the Conviction and Sentence on 23. 08. 2011 by the Honourable Principal Magistrate, T.Okello at Bomet in Criminal Case No.61 of 2010)
JACKSON KIPKEMOI KOECH.........................APPLICANT
-VERSUS-
REPUBLIC......................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
This is the Ruling on revision under Section 362 and 364 of the Criminal Procedure Code Cap 75 and Section 8(2) of the Community Service Orders Act, 1998.
I have perused the trial court's record. The accused was convicted on 23/8/2011 for the offence of Attempted Robbery Contrary to Section 297 (1) of the Penal Code and sentenced to 18 months imprisonment effective 23/8/2011. As per probation officer's report there is a mistaken impression that he was sentenced to serve two (2) years and 18 months imprisonment.
I have considered the remorsefulness of the applicant, the term served in prison and his improvement into a responsible citizen and order that he shall be discharged forthwith.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE