[2024] KEHC 3920 (KLR)
The court found that the applicant, having served a substantial part of his sentence for store breaking and theft, was suitable for community service as per the probation officer's report. In the interest of decongesting the prison and considering the non-serious nature of the offence, the court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 3920 (KLR)
- Parties
- Applicant: Shadrack Kipkemoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E153 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised to community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Store Breaking, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Kipkemoi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his sentence for store breaking and theft, was suitable for community service as per the probation officer's report. In the interest of decongesting the prison and considering the non-serious nature of the offence, the court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Kapsimotwo Primary School for six months. The court emphasized the importance of rehabilitation and the appropriateness of non-custodial measures in suitable cases.
Court Disposition
sentence revised to community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Kapsimotwo Primary School for six months.
Full Case Text
Judgment text and source record
22 paragraphs
Kipkemoi v Republic (Revision Case E153 of 2024) [2024] KEHC 3920 (KLR) (23 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3920 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E153 of 2024
HM Nyaga, J
April 23, 2024
Between
Shadrack Kipkemoi
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of:Store breaking Contrary to Section 306(a) as read with Section 279 of the Penal Code.The particulars are that;On the 24th day of December 2023 at Kiploky in Londiani Sub County within Kericho County jointly broke and entered the store of Nicholas Cheruiyot and stole 1 90kg sack of dry maize valued at Kshs 3,500/=.
3. He pleaded guilty and he was sentenced to;Pay a fine of Kshs 30,000/= in default 12 months imprisonment.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kapsimotwo Primary School.
6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kapsimotwo Primary School for six (6) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RDDAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state