[2025] KEHC 6014 (KLR)
The court found that, considering the circumstances of the offence and the applicant's plea of guilty, this was an appropriate case for revision of the sentence. The judge exercised discretion under Section 362 of the Criminal Procedure Code and the Community Service Orders Act to substitute the custodial sentence...
Source-derived case information.
- Citation
- [2025] KEHC 6014 (KLR)
- Parties
- Applicant: Eunice Koech; Applicant: Gladys Chirchir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E057 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Revision, Non Custodial Sentences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Koech
Applicant
Gladys Chirchir
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for the offence of cutting and removing forest produce without authority should be revised to a non-custodial sentence.
- 2 Whether the applicant qualifies for a community service order under the relevant statutes.
Ratio Decidendi
The court found that, considering the circumstances of the offence and the applicant's plea of guilty, this was an appropriate case for revision of the sentence. The judge exercised discretion under Section 362 of the Criminal Procedure Code and the Community Service Orders Act to substitute the custodial sentence with a non-custodial sentence. The applicant was ordered to serve one month under a community service order at Chagaiya Dispensary, with credit given for any period already served. The court emphasized the importance of proportionality in sentencing and the statutory mandate to consider non-custodial options where justified.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The custodial sentence is set aside and substituted with a community service order for one month at Chagaiya Dispensary.
- The Community Service Officer shall ensure compliance with the order and credit any period already served.
Full Case Text
Judgment text and source record
19 paragraphs
Koech & another v Republic (Criminal Revision E057 of 2025) [2025] KEHC 6014 (KLR) (14 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6014 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E057 of 2025
RN Nyakundi, J
May 14, 2025
Between
Eunice Koech
1st Applicant
Gladys Chirchir
2nd Applicant
and
Republic
Respondent
Ruling
1. Following a plea of guilty the Applicant was convicted and sentenced to a fine of 50,000 in default 6 months for an offence of cutting and removing forest produce without authority contrary to Section 64 (1) of the Forest Conservation and Management Act 2016. She has now moved this court for a revision of that sentence in terms of Section 362 of the CPC as read with the community service order Act seeking non-custodial sentence.
2. I have read and considered the record and I am of the considered view that this is a fit case for review of the sentence and have it substituted with a non-custodial sentence of 1 month to be placed under C.S.O for 1 month at Chagaiya Dispensary. The Community Service Officer shall ensure compliance with the orders including giving credit to the period in question which shall be carried on at the Public Institution where this order shall apply.
GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 14TH DAY OF MAY 2025…………………………………R. NYAKUNDIJUDGE