[2024] KEHC 3345 (KLR)
The court found that the applicant, convicted of assault causing actual bodily harm and having served a substantial part of his custodial sentence, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial...
Source-derived case information.
- Citation
- [2024] KEHC 3345 (KLR)
- Parties
- Applicant: benjamin Kipngetich; Respondent: republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E101 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
benjamin Kipngetich
Applicant
republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for a community service order instead of continued imprisonment.
Ratio Decidendi
The court found that the applicant, convicted of assault causing actual bodily harm and having served a substantial part of his custodial sentence, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Ogiek Primary School for nine months, in the interest of decongesting the prison and in line with statutory provisions allowing for such alternatives where appropriate.
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 Ogiek Primary School for a period of nine months.
Full Case Text
Judgment text and source record
22 paragraphs
Kipngetich v Republic (Revision Case E101 of 2024) [2024] KEHC 3345 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3345 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E101 of 2024
HM Nyaga, J
March 20, 2024
Between
benjamin 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:Assault causing actual bodily harm Contrary to Section 251 of the Penal Code.The particulars are that;On the 25th day of December 2023 at Karandit Area in Kuresoi South Sub County within Nakuru County, unlawfully assaulted Emily Cheptoo thereby occasioning her actual bodily harm.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 50,000/= in default or 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 Ogiek 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 Ogiek Primary School for a period of nine (9) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 20THDAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state