[2025] KEHC 10105 (KLR)

[2025] KEHC 10105 (KLR)

The court found that although the applicant has a right to seek review of his sentence, the discretion to alter a custodial sentence to probation lies with the court. The applicant is a repeat offender, previously convicted and sentenced for a similar offence, and the presentence report from the Probation Officer was negative, indicating he is a notorious thief, keeps bad company, and lacks a fixed abode. The absence of a fixed place of residence makes probation supervision impossible. Therefore, the court held that the applicant is not a suitable candidate for probation and dismissed the application, finding that the custodial sentence should stand.

Citation
[2025] KEHC 10105 (KLR)
Parties
Applicant: Sammy Kibet; Respondent: Republic
Court
High Court
Court Station
High Court at Kapenguria
Jurisdiction
Kenya
Judgment Date
14 July 2025
Case Number
Miscellaneous Criminal Application E009 of 2025
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Outcome
application dismissed
Judges
RPV Wendoh
Legal Topics
Sentence Review, Probation, Repeat Offender, Discretion in Sentencing
Source Language
English
Criminal Law Sentence Review Probation Repeat Offender Discretion in Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Sammy Kibet

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Sentence Review Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to a review of his custodial sentence to probation under the circumstances.
  2. 2 Whether the applicant's reformation and participation in prison courses justify a non-custodial sentence.
  3. 3 Whether the applicant's status as a repeat offender and lack of fixed abode preclude probation.

Ratio Decidendi

The court found that although the applicant has a right to seek review of his sentence, the discretion to alter a custodial sentence to probation lies with the court. The applicant is a repeat offender, previously convicted and sentenced for a similar offence, and the presentence report from the Probation Officer was negative, indicating he is a notorious thief, keeps bad company, and lacks a fixed abode. The absence of a fixed place of residence makes probation supervision impossible. Therefore, the court held that the applicant is not a suitable candidate for probation and dismissed the application, finding that the custodial sentence should stand.

Court Disposition

application dismissed

Orders

  • The application for review of sentence to probation is dismissed.