[2024] KEHC 2767 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for threatening to kill, was suitable for community service as per the Probation Officer's report. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community...
Source-derived case information.
- Citation
- [2024] KEHC 2767 (KLR)
- Parties
- Applicant: Festus Kipngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E081 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Threats to Kill, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Festus Kipngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under the circumstances.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for threatening to kill, was suitable for community service as per the Probation Officer's report. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Mauche Police Station for two months, in the interest of decongesting prison and in line with the recommendation for non-custodial rehabilitation.
Court Disposition
sentence revised; custodial sentence substituted with 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 Mauche Police Station for two months.
Full Case Text
Judgment text and source record
22 paragraphs
Kipngetich v Republic (Revision Case E081 of 2024) [2024] KEHC 2767 (KLR) (15 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2767 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E081 of 2024
HM Nyaga, J
March 15, 2024
Between
Festus Kipngetich
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;Threatening to kill Contrary to Section 223(1) of the Penal Code.The particulars are that;On the 8th day of September 2023, at around 1530 hours at Mauche Village in Mauche Ward of Njoro Sub County within Nakuru County without lawful excuse while armed with bows and arrows threw one short with a warning “bahati yako mzuri Police wamekuja leo ungekuwa maiti” threatening to kill Mathew Langat.
3. He pleaded guilty and he was sentenced to serve One (1) year 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 Mauche Police Station.
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 Mauche Police Station for Two (2) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state