[2024] KEHC 4295 (KLR)
The court found that the applicant, having served only six months of a four-year custodial sentence for assault causing actual bodily harm, is not eligible for a non-custodial sentence at this stage. The probation officer's report was non-responsive to the applicant's request and explicitly stated that the applicant...
Source-derived case information.
- Citation
- [2024] KEHC 4295 (KLR)
- Parties
- Applicant: Elias Kimutai Kilimo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E049 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Assault Causing Actual Bodily Harm, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Kimutai Kilimo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is eligible for a non-custodial sentence at this stage of serving his sentence.
- 2 Whether the probation officer's report supports the application for sentence review.
Ratio Decidendi
The court found that the applicant, having served only six months of a four-year custodial sentence for assault causing actual bodily harm, is not eligible for a non-custodial sentence at this stage. The probation officer's report was non-responsive to the applicant's request and explicitly stated that the applicant is not fit for a non-custodial sentence at this time. The court agreed with the probation officer's assessment and held that the application for sentence review lacks merit. The court emphasized that the applicant may be considered for a non-custodial sentence in the future, but not at this early stage of sentence service.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed pursuant to section 382 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Kilimo v Republic (Criminal Revision E049 of 2024) [2024] KEHC 4295 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4295 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E049 of 2024
RN Nyakundi, J
April 11, 2024
Between
Elias Kimutai Kilimo
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged, tried, convicted and sentenced to 4 years imprisonment on 2 counts of the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. On the third count, he was sentence to pay a fine of Kshs. 10,000/= in default, 1 year imprisonment.
2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a)&(b) of the Constitution.
3. The applicant seeks sentence review. That he may serve a non-custodial sentence. The probation officer filed a report on 25th March, 2024. The said report is non-responsive. The probation officer stated that the applicant has served 6 months imprisonment and he is left with three years and four months to complete his sentence and therefore is not fir for a non a custodial sentence. I couldn’t agree more. The applicant would be considered for a non-custodial sentence in the future and not at this stage.
4. The application therefore lacks merit and it is dismissed pursuant to section 382 of the CPC.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. …………………………………….R. NYAKUNDIJUDGE