[2013] KEHC 1267 (KLR)
The court found that the applicant had served a significant portion of his custodial sentence and demonstrated willingness to reconcile with the complainant, as evidenced by the probation officer's report. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a community service...
Source-derived case information.
- Citation
- [2013] KEHC 1267 (KLR)
- Parties
- Applicant: Kenedddy Kipsang Rono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Revision Case 236 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Breaking and Entering, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenedddy Kipsang Rono
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence in light of his family support and willingness to reconcile.
Ratio Decidendi
The court found that the applicant had served a significant portion of his custodial sentence and demonstrated willingness to reconcile with the complainant, as evidenced by the probation officer's report. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a community service order, considering the applicant's supportive family environment and the interests of justice in promoting rehabilitation over continued incarceration.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence imposed by the trial court is altered.
- The applicant is ordered to serve the community for 90 days under the head teacher at Kapsinendet Secondary School.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 236 OF 2013
(Being A Revision in the Conviction and Sentence on 11. 09. 2012 by the Honourable Resident Magistrate, J.Kasam at Sotik in Criminal Case No.1512 of 2012)
KENEDDY KIPSANG RONO.................................APPLICANT
-VERSUS-
REPUBLIC.........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant was convicted for the offence of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code. He was sentenced to a fine of Kshs. 30,000 in default 2 years imprisonment effective 13/11/2012. He has served about 13 months imprisonment.
I have noted the applicant's supportive family as per the probation officer's report. I have also noted his willingness to reconcile with the complainant.
In conclusion the Honourable trial court's sentence is altered and the applicant is ordered to serve the community for 90 days under head teacher at Kapsinendet Secondary School.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE