[2013] KEHC 1411 (KLR)
The court found that the applicant failed to provide necessary information on his family background to the probation officer, which is a prerequisite for consideration of a community service order. As a result, the applicant was deemed unsuitable for a community service order. Consequently, the sentence of two years...
Source-derived case information.
- Citation
- [2013] KEHC 1411 (KLR)
- Parties
- Applicant: Julius Mokamba Bosire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 201 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Sentencing, Revision of Sentence, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mokamba Bosire
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is suitable for a community service order instead of imprisonment.
- 2 Whether the conviction and sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant failed to provide necessary information on his family background to the probation officer, which is a prerequisite for consideration of a community service order. As a result, the applicant was deemed unsuitable for a community service order. Consequently, the sentence of two years imprisonment imposed by the trial court for the offence of stealing a dwelling house under Section 279(b) of the Penal Code was upheld, and no revision was granted.
Court Disposition
application for revision dismissed; sentence upheld
Orders
- The applicant is not suitable for a community service order.
- The sentence of two years imprisonment imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 201 OF 2013
(Being A Revision in the Conviction and Sentence on 04. 04. 2013 by the Honourable Principal Magistrate, MO.Okucheat Sotik in Criminal Case No.160 of 2013)
JULIUS MOKAMBA BOSIRE.............................APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant is Julius Mokamba Bosire. He is serving two (2) years imprisonment effective 4/4/2013 following conviction for offence of stealing a dwelling house contrary to Section 279 (b) of the Penal Code.
The applicant has not provided to the probation officer information on his family background.
The court finds he is not suitable for community service order and the sentence by the trial court is upheld.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE