[2024] KEHC 3091 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for assault causing actual bodily harm, 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...
Source-derived case information.
- Citation
- [2024] KEHC 3091 (KLR)
- Parties
- Applicant: William Kangogo Kipruto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E083 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised to community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Assault Bodily Harm, Penal Code Section 251
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Kangogo Kipruto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for assault causing actual bodily harm, 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 Chemasis Chief’s Camp for two and a half months, in the interest of rehabilitation and prison decongestion.
Court Disposition
sentence revised to 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 Chemasis Chief’s Camp for two and a half months.
- The terms of the community service order shall be explained to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Kipruto v Republic (Revision Case E083 of 2024) [2024] KEHC 3091 (KLR) (15 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3091 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E083 of 2024
HM Nyaga, J
March 15, 2024
Between
William Kangogo Kipruto
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 23rd day of July 2023 at around 1730 hours at Sigito Village – Solai, in Rongai Sub County within Nakuru County, wilfully and unlawfully assaulted Grace Soti Korir thereby occasioning him actual bodily harm.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 20,000/= in default to serve one (1) year in jail.
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 Chemasis Chief’s Camp.
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 Chemasis Chief’s Camp for two and a half 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