[2024] KEHC 3921 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for the offence of stealing, 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...
Source-derived case information.
- Citation
- [2024] KEHC 3921 (KLR)
- Parties
- Applicant: Collins Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E155 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
- Sentence Revision, Community Service Orders, Stealing Offences, Handling Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Collins Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
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 the offence of stealing, 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 Keringet Boarding Primary School for six months. This decision was guided by the need to decongest prisons, the applicant's suitability for non-custodial punishment, and the positive recommendation from the probation office. The court held that the interests of justice would be served by revising the sentence accordingly.
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 Keringet Boarding Primary School for six months.
Full Case Text
Judgment text and source record
22 paragraphs
Kirui v Republic (Revision Case E155 of 2024) [2024] KEHC 3921 (KLR) (23 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3921 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E155 of 2024
HM Nyaga, J
April 23, 2024
Between
Collins 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 IStealing Contrary to Section 268 as read with Section 275 of the Penal Code.The particulars are that;On the 10th day of September 2023 at Keringet Centre, in Kuresoi South Sub-County within Nakuru County jointly stole one mobile phone make Techno Pop 8 valued at Kshs 16,000/= the property of Fredrick Korir.Alternative ChargeHandling Stolen goods contrary to Section 322(1) (2) of the Penal Code.The particulars are that;On the 15th day of September 2023 at Keringet Centre, in Kuresoi South Sub-County within Nakuru County, otherwise than in the course of stealing dishonestly, retained one Mobile phone make Tecno Pop 8 valued at Kshs 16,000/= knowing or having reason to believe it to be stolen goods.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs 20,000/= in default 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 Keringet Boarding 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 Keringet Boarding Primary School for six (6) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RDDAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state