[2024] KEHC 4192 (KLR)
The court found that the applicant, having pleaded guilty to grievous harm and served the majority of her sentence, was supported by positive recommendations from the victim, community, and local administration. The social inquiry report confirmed her suitability for a non-custodial sentence. In the absence of...
Source-derived case information.
- Citation
- [2024] KEHC 4192 (KLR)
- Parties
- Applicant: Melvin Jepkoech Kewon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E014 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application for review of sentence allowed; custodial sentence revised to community service order for remainder of term
- Judges
- RB Ngetich
- Legal Topics
- Sentence Review, Community Service Order, Grievous Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Melvin Jepkoech Kewon
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant should be allowed to serve the remainder of her sentence under a community service order.
- 2 Whether the circumstances and social inquiry report justify revision of the custodial sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to grievous harm and served the majority of her sentence, was supported by positive recommendations from the victim, community, and local administration. The social inquiry report confirmed her suitability for a non-custodial sentence. In the absence of opposition from the state and with only four months remaining on her sentence, the court exercised its discretion to revise the custodial sentence to a community service order, enabling the applicant to serve the remainder of her sentence at the Chief’s office in Yatoi Sub-Location.
Court Disposition
application for review of sentence allowed; custodial sentence revised to community service order for remainder of term
Orders
- Application for review of sentence imposed by the trial court is hereby allowed.
- For the remaining period of sentence, the applicant will serve under community service order (CSO) at Chief’s office Yatoi Sub-Location.
Full Case Text
Judgment text and source record
20 paragraphs
Kewon v Republic (Miscellaneous Criminal Application E014 of 2024) [2024] KEHC 4192 (KLR) (30 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4192 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Miscellaneous Criminal Application E014 of 2024
RB Ngetich, J
April 30, 2024
Between
Melvin Jepkoech Kewon
Applicant
and
Republic
Respondent
Ruling
1. The accused was charged with the offence of grievous harm contrary to section 234 of the Penal code. The particulars of the offence are that on the 15th day of August 2022 at about 2000hrs at Rabai village Yatoi Sub-Location Marigat Location in Baringo County, unlawfully did gravious harm to Pauline Kimoi Chebii.
2. Upon charges being read over and explained to the applicant, she pleaded guilty and after mitigation she was sentenced to serve 3 years imprisonment. She applied for review of the remaining period of sentence. This court called for social inquiry report which was filed on 18th April 2024. From the social inquiry report, the applicant is now remaining with 4 months to complete sentence. She now seeks to serve non-custodial sentence for the remaining period of sentence.
3. The sentiments given by the victim, community and local administration are positive. They are all not opposed to the applicant serving the remaining period of sentence while in the community.
4. In view of the above, I am inclined to revise applicants’ sentence and allow her to serve the remaining period of sentence under Community Service Order (CSO) to work at Chief’s office Yatoi Sub-Location.
Final Orders: - 5. ....1. Application for review of sentence imposed by the trial court is hereby allowed2. For the remaining period of sentence, the applicant will serve under community service order (CSO) at Chief’s office Yatoi Sub-Location
RULING DELIVERED, DATED AND SIGNED IN VIRTUALLY AT KABARNET THIS 30TH DAY OF APRIL 2024. RACHEL NGETICHJUDGEIn the presence of:CA Evis/Momanyi.Ms. Ratemo for state.Applicant present in person.