[2024] KEHC 14667 (KLR)
The court found that, based on the Probation Officer's Sentence Review Report, the applicant was not suitable for a non-custodial sentence because the home environment remained hostile. As such, there were no sufficient grounds to revise the custodial sentence imposed by the trial court. The application for revision...
Source-derived case information.
- Citation
- [2024] KEHC 14667 (KLR)
- Parties
- Applicant: Denis Kipngetich Kerich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E508 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision declined; custodial sentence to stand
- Judges
- PN Gichohi
- Legal Topics
- House Breaking, Stealing, Handling Stolen Goods, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Kipngetich Kerich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence upon review of the custodial sentence imposed for house breaking and stealing.
- 2 Whether the circumstances justify revision of the sentence imposed by the trial court.
Ratio Decidendi
The court found that, based on the Probation Officer's Sentence Review Report, the applicant was not suitable for a non-custodial sentence because the home environment remained hostile. As such, there were no sufficient grounds to revise the custodial sentence imposed by the trial court. The application for revision was therefore declined, and the applicant was ordered to serve the original prison sentence.
Court Disposition
application for revision declined; custodial sentence to stand
Orders
- The application for revision is declined.
- The applicant to serve his prison sentence as imposed by the trial court.
Full Case Text
Judgment text and source record
23 paragraphs
Kerich v Republic (Criminal Revision E508 of 2024) [2024] KEHC 14667 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14667 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E508 of 2024
PN Gichohi, J
November 25, 2024
Between
Denis Kipngetich Kerich
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Denis Kipngetich Kerich) was charged in Molo MCCR E1451 of 2024 with the offence of;
Count I House Breaking Contrary to Section 306 (g) and Stealing contrary to Section 275 of the Penal Code. 3. The particulars are that on the 13th Day of July, 2024 at Mau Village, Kamara Location in Kuresoi North Sub County within Nakuru County, broke and entered into a building used as a dwelling house by one Nelson Nyarangi.
Count II Stealing to Contrary to Section 275 of the Penal Code. 4. The particulars are that on the 13th Day of July, 2024 at Mau Village, Kamara Location in Kuresoi North Sub County within Nakuru County, you stole one woofer make Homestar value at Ksh.3,500/= the propert of Nelson Nyarangi.
5. In the Alternative Charge, he charged with Handling stolen goods contrary to Section 332(1)(2) of the Penal Code.
6. He pleaded guilty and was sentenced to pay fine of Ksh.30,000/= in default one (1) year imprisonment.
7. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 has now confirmed that the Applicant is not suitable for a non- custodial sentence since the home environment is still hostile.
8. In the circumstances this is not a suitable case for revision. Applicant to serve his prison sentence.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25TH DAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant