[2024] KEHC 9162 (KLR)
The court found that the original twelve-month custodial sentence imposed on the applicant, an adult convicted of handling stolen property, was lawful and not excessive, especially given the aggravating factor that the property was stolen from a primary school. However, in light of the judiciary's ongoing programme...
Source-derived case information.
- Citation
- [2024] KEHC 9162 (KLR)
- Parties
- Applicant: Mohamed Kipkosgei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E101 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review
- Outcome
- sentence reviewed and substituted with probation
- Judges
- JR Karanja
- Legal Topics
- Sentencing Review, Probation Orders, Handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Kipkosgei
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence.
- 2 Whether the original sentence was lawful and proportionate given the circumstances.
Ratio Decidendi
The court found that the original twelve-month custodial sentence imposed on the applicant, an adult convicted of handling stolen property, was lawful and not excessive, especially given the aggravating factor that the property was stolen from a primary school. However, in light of the judiciary's ongoing programme to decongest penal facilities, the court exercised its discretion to review the sentence. The custodial sentence was substituted with a non-custodial sentence of probation for two years under supervision, balancing the need for deterrence with current penal policy and the applicant's circumstances.
Court Disposition
sentence reviewed and substituted with probation
Orders
- The sentence of twelve (12) months imprisonment is substituted with a non-custodial sentence of probation for two (2) years under the supervision of the Probation Officer responsible for Nandi/North Sub-County.
Full Case Text
Judgment text and source record
19 paragraphs
Kipkosgei v Republic (Miscellaneous Criminal Application E101 of 2024) [2024] KEHC 9162 (KLR) (17 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9162 (KLR)
Republic of Kenya
In the High Court at Kapsabet
Miscellaneous Criminal Application E101 of 2024
JR Karanja, J
July 17, 2024
Between
Mohamed Kipkosgei
Applicant
and
Republic
Respondent
Ruling
1. The Applicant, Mohammed Kipkosgei was the fourth Accused when he appeared alongside three others before the Principal Magistrate at Kabiyet, charged with breaking into a building and committing a felony Contrary to Section 306(a) of the Penal Code. Alternatively, the Accused were charged with handling stolen good Contrary to Section 322(1) (2) of the Penal Code.
2. All the Accused including the Applicant pleaded guilty to the alternative counts and were convicted accordingly. Accused 2 and 3 were handed a probation sentence of 12months on account of their ages which indicated that they were juveniles and also on account of the pre-sentence report availed by the Probation Officer.
3. Accused 4 being the only adult was sentenced to serve imprisonment for a period of twelve (12) months. This sentence was lawful and not excessive by any stretch of imagination considering that he handled property which had been stolen from a primary school thereby encouraging the commission of such offences.In fact, for a deterrence effect a handler of stolen property should be severely punished more than the actual offender.
4. Therefore, the Applicant is not deserving of a review in sentence to enable him pay a fine. Such review would be a slap on the hand of the Applicant and a motivation for him to continue handling stolen property. Nonetheless, in view of the judiciary’s programme of de-congesting our penal facilities, the sentence is hereby reviewed to the extent that the sentence of twelve (12) months imprisonment is substituted for a non-custodial sentence of probation for a period of two (2) years under the supervision of the Probation Officer responsible for Nandi/North Sub-County.
DELIVERED AND DATED THIS 17TH DAY OF JULY 2024J. R. KARANJAH,JUDGE