[2024] KEHC 4328 (KLR)
The court found that the applicant had served a substantial part of his custodial sentence and had demonstrated rehabilitation, as evidenced by the probation report and the recommendation from prison authorities. The court held that the rehabilitative and reparative functions of the correctional system justified...
Source-derived case information.
- Citation
- [2024] KEHC 4328 (KLR)
- Parties
- Applicant: Kelvin Kipchirchir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E025 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review allowed; custodial sentence substituted with probation.
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Review, Probation Orders, Rehabilitation, Non Custodial Sentences
- 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
Kelvin Kipchirchir
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is eligible for a review of his custodial sentence to a non-custodial sentence based on rehabilitation and the probation report.
- 2 Whether the recommendations of the probation officer justify substituting the custodial sentence with probation.
Ratio Decidendi
The court found that the applicant had served a substantial part of his custodial sentence and had demonstrated rehabilitation, as evidenced by the probation report and the recommendation from prison authorities. The court held that the rehabilitative and reparative functions of the correctional system justified substituting the remaining custodial sentence with a probation order. Accordingly, the applicant was allowed to serve the remainder of his sentence on probation for thirty-four months, subject to supervision and monthly reporting by the probation officer.
Court Disposition
Application for sentence review allowed; custodial sentence substituted with probation.
Orders
- The applicant shall serve a probation sentence for a period of thirty-four months.
- The probation officer shall file monthly reports to ensure effective service of the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Kipchirchir v Republic (Criminal Revision E025 of 2024) [2024] KEHC 4328 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4328 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E025 of 2024
RN Nyakundi, J
April 11, 2024
Between
Kelvin Kipchirchir
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged, tried, convicted and sentenced to 5 years imprisonment for the offence of Assault contrary to section 251 of the penal code.
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 a sentence review based on the Probation sentence report filed on 25th March, 2024. The report is responsive and recommends him for a probation sentence for a period of 34 months.
4. The applicant is pleading for a non-custodial sentence on grounds that he has reformed and he will not reoffend. He is willing to perform community service if he benefits from the court’s leniency. The nucleus of any correctional system is its rehabilitative and reparative functions.
5. In my considered view, the applicant having served a substantial part of his sentence has been rehabilitated. The prison authorities indicated that he has reformed and as such he could be considered for a non-custodial sentence. I agree. The applicant is allowed to go and serve a probation sentence for a period of thirty-four months. The Probation officer shall file monthly reports to ensure that the sentence is served effectively.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. …………………………………….R. NYAKUNDIJUDGECRIMINAL REVISION NO. E025 OF 2024 0