[2024] KEHC 3574 (KLR)
The court found that, in view of the Sentence Review Report by the Probation Officer recommending community service and the applicant having served a substantial part of his sentence, the interests of justice would be served by revising the custodial sentence. The applicant was found suitable for community service,...
Source-derived case information.
- Citation
- [2024] KEHC 3574 (KLR)
- Parties
- Applicant: Kennedy Kipkorir Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E110 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
- Forest Offences, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Kipkorir Kirui
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 non-custodial sentence under the circumstances.
Ratio Decidendi
The court found that, in view of the Sentence Review Report by the Probation Officer recommending community service and the applicant having served a substantial part of his sentence, the interests of justice would be served by revising the custodial sentence. The applicant was found suitable for community service, and the remainder of his sentence was ordered to be served at Mukinyai Chief’s Office for three months. The court exercised its revisionary jurisdiction to decongest the prison and promote rehabilitation through non-custodial measures, as permitted by law.
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 his sentence under community service at Mukinyai Chief’s Office for three months.
Full Case Text
Judgment text and source record
23 paragraphs
Kirui v Republic (Revision Case E110 of 2024) [2024] KEHC 3574 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3574 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E110 of 2024
HM Nyaga, J
March 20, 2024
Between
Kennedy Kipkorir Kirui
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:
Count IMaking charcoal in a National Forest, without authority, Contrary to Section 67 (1) ( e) of Forest Conservation and Management Act No. 34 of 2016. The particulars are that;On the 22nd day of November, 2023 at around 1300 hours Koibatek Forest, within Nakuru County, while having a jembe, unlawfully cut three (3) olea trees and was in the process of making charcoal out of it, all valued at Kshs. 3,021/= the property of Kenya Forest Service without a licence of permit from Kenya Forest Service.
3. He pleaded guilty and he was sentenced to Pay a fine of Kshs. 50,000/= in default 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 Mukinyai Chief’s Office.
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 Mukinyai Chief’s Office for three (3) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 20TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state