[2023] KEHC 2881 (KLR)
The court found that it lacked the authority to waive the remainder of the applicant's sentence in the absence of evidence from prison authorities regarding the actual remainder term and without any testimonials or documentation demonstrating the applicant's rehabilitation or eligibility for consideration under the...
Source-derived case information.
- Citation
- [2023] KEHC 2881 (KLR)
- Parties
- Applicant: Peter Kipkosgei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E004 of 2023
- Procedural Posture
- Criminal Review Application / Ruling
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Stock Theft, Prison Term Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kipkosgei
Applicant
Republic
Respondent
Procedural Posture
Criminal Review Application / Ruling
Legal Issues
- 1 Whether the High Court can review and waive the remainder of the applicant's ten-year imprisonment term for stock theft.
- 2 Whether sufficient evidence or documentation was provided to support the application for sentence review or waiver.
Ratio Decidendi
The court found that it lacked the authority to waive the remainder of the applicant's sentence in the absence of evidence from prison authorities regarding the actual remainder term and without any testimonials or documentation demonstrating the applicant's rehabilitation or eligibility for consideration under the Community Service Order for prison decongestion. The petition was therefore found to be misconceived and dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- File closed.
Full Case Text
Judgment text and source record
24 paragraphs
Kipkosgei v Republic (Petition E004 of 2023) [2023] KEHC 2881 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2881 (KLR)
Republic of Kenya
In the High Court at Kisumu
Petition E004 of 2023
RE Aburili, J
March 24, 2023
Between
Peter Kipkosgei
Applicant
and
Republic
Respondent
(From original conviction and sentence in Criminal Case No 204 of 2016 in the Principal Magistrate’s Court at Tamu)
Ruling
1. The Applicant/Petitioner Peter Kipkosgei by his Notice of Motion filed on March 17, 2023 seeks orders for review of his ten (10) years imprisonment term for the offence of stock theft wherein he was convicted vide Tamu Principal Magistrate Criminal Case No 204 of 2016 on March 14, 2018.
2. If that be the case, then he has served prison for five (5) years now. He urges this court to waive the remainder of the prison term.
3. However, there is no evidence of what the remainder term is as only prison’s authorities can calculate the actual remainder term.
4. This court cannot waive sentence imposed. Furthermore, there are no testimonials filed showing the effect to which the convict has been rehabilitated and reformed for consideration under the Community Order Service Order for Prison decongestion exercise purposes.
5. I find the Petition misconceived. It is hereby dismissed.
6. File closed.
7. The ruling and signal to be typed and the Petitioner/Convict to be notified forthwith through prison email.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R E ABURILIJUDGEPage 2 of 2