[2023] KEHC 19819 (KLR)
The court found that the applicant, having been convicted on his own plea of guilty for stock theft and handling stolen property, was not suitable for a non-custodial sentence as per the probation officer's report. The court exercised its discretion to uphold the custodial sentence, directing that the applicant...
Source-derived case information.
- Citation
- [2023] KEHC 19819 (KLR)
- Parties
- Applicant: Evans Mochumbe Kibet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E050 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed; custodial sentence upheld.
- Judges
- WA Okwany
- Legal Topics
- Stock Theft, Plea of Guilty, Sentencing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Evans Mochumbe Kibet
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence following conviction for stock theft and handling stolen property.
- 2 Whether the sentence imposed by the trial court should be revised in light of the probation officer's report.
Ratio Decidendi
The court found that the applicant, having been convicted on his own plea of guilty for stock theft and handling stolen property, was not suitable for a non-custodial sentence as per the probation officer's report. The court exercised its discretion to uphold the custodial sentence, directing that the applicant continue with institutional rehabilitation for the remainder of his sentence. The revision application was therefore not granted, and the original sentence was maintained.
Court Disposition
Application for revision dismissed; custodial sentence upheld.
Orders
- The applicant shall continue with institutional rehabilitation for the remaining part of his sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Kibet v Republic (Criminal Revision E050 of 2023) [2023] KEHC 19819 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19819 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E050 of 2023
WA Okwany, J
June 29, 2023
Between
Evans Mochumbe Kibet
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E282 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 9th May 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of stealing stock contrary to section 278 of the Penal Code and an alternative charge of handling stolen property contrary to section 322 (1) and (2) of the Penal Code. The trial court sentenced him to serve 3 years imprisonment for the 1st count and 5 months imprisonment for the second count. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 finds the Applicant unsuitable for release and does not recommend a non-custodial sentence. I hereby direct that the Applicant continues with institutional rehabilitation for the remaining part of his sentence.
2Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE