[2024] KEHC 3483 (KLR)
The court found that the applicant, having pleaded guilty and been convicted of stealing, failed to provide sufficient grounds for sentence review. The probation report was non-responsive due to the applicant's refusal to be interviewed, and an earlier report indicated the complainant's opposition to probation based...
Source-derived case information.
- Citation
- [2024] KEHC 3483 (KLR)
- Parties
- Applicant: Gershon Kiprono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E017 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RN Nyakundi
- Legal Topics
- Stealing Offence, Plea of Guilty, Sentence Review, Probation Report, Repeat Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gershon Kiprono
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence to a non-custodial sentence.
- 2 Whether the probation report supports the applicant's request for sentence review.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and been convicted of stealing, failed to provide sufficient grounds for sentence review. The probation report was non-responsive due to the applicant's refusal to be interviewed, and an earlier report indicated the complainant's opposition to probation based on safety concerns and the applicant's status as a repeat offender. The court held that, in the absence of a supportive probation report and given the circumstances, there was no merit in the application for sentence review. The applicant is to serve the full custodial sentence as ordered by the trial magistrate.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed pursuant to section 382 of the Criminal Procedure Code.
- The applicant shall serve the full custodial sentence as ordered by the trial magistrate.
Full Case Text
Judgment text and source record
21 paragraphs
Kiprono v Republic (Criminal Revision E017 of 2023) [2024] KEHC 3483 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3483 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E017 of 2023
RN Nyakundi, J
April 11, 2024
Between
Gershon Kiprono
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code. The particulars are that on 16th September, 2022, at Kapseret location in Kapseret sub-county within Uasin Gishu County, the applicant jointly with another in court stole sub massive pump valued at Kshs. 21,000/= the property of Sylivia Tampnai Mose.
2. The applicants pleaded guilty to the offence on 26th September, 2022 before Hon. R. Odenyo and as a consequence, he was convicted on his own plea of guilty and sentenced to serve three years imprisonment.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a)&(b) of the Constitution.
4. The applicant seeks sentence review. That he may serve a non-custodial sentence. The probation officer filed a report dated 27th November, 2023. The said report is non-responsive. The probation officer stated that the applicant declined to be interviewed.
5. I have however taken note of a probation report was filed earlier on in 13th February, 2023, where the complainant declined his release on probation. The complainant is the applicant’s mother who felt at the time that her life could be in danger. That the applicant was a repeat offender.
6. Unfortunately, this time round the applicant declined to be interviewed. The report could have benefited the applicant especially in such an offence and given that he has served a substantial part of his sentence. The report could have established whether the complainant fears for her life.. The application therefore lacks merit and it is dismissed pursuant to section 382 of the CPC. For avoidance of doubt, the applicants by dint of the trial magistrate’s order shall serve the full custodial sentence.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. …………………………………….R. NYAKUNDIJUDGE