[2025] KEHC 2553 (KLR)
The court found that the applicant, having served seventeen months of a three-year sentence for stock theft and with a positive recommendation from the Probation Officer for a non-custodial sentence, was a suitable candidate for a Community Service Order. The court exercised its revisionary jurisdiction to...
Source-derived case information.
- Citation
- [2025] KEHC 2553 (KLR)
- Parties
- Applicant: Evans Mochumbe Kibet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E008 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to community service order
- Judges
- WA Okwany
- Legal Topics
- Stock Theft, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Mochumbe Kibet
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence for stock theft should be revised to a non-custodial sentence.
- 2 Whether the applicant is suitable for a Community Service Order based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having served seventeen months of a three-year sentence for stock theft and with a positive recommendation from the Probation Officer for a non-custodial sentence, was a suitable candidate for a Community Service Order. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order to be served at Mekene Chief’s Office under supervision, emphasizing rehabilitation and reintegration over continued incarceration.
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant shall serve a Community Service Order at Mekene Chief’s Office under the supervision of the area Chief Mr. Yabesh Ayiera for the remainder of his sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Kibet v Republic (Criminal Revision E008 of 2025) [2025] KEHC 2553 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 2553 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E008 of 2025
WA Okwany, J
January 31, 2025
Between
Evans Mochumbe Kibet
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief 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. The trial court sentenced him to serve three (3) years’ imprisonment. The Applicant has served seventeen (17) months of his sentence and is remaining with six (6) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Ng’etich Nicholas Kibet recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at Mekene Chief’s Office under the supervision of the area Chief Mr. Yabesh Ayiera for the remainder of his sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE