[2025] KEHC 6003 (KLR)
The court found that, considering the applicant's acceptance of responsibility, remorse, and the positive probation officer's report, the objectives of sentencing could be met through a non-custodial sentence. The court applied the Sentencing Policy Guidelines and relevant provisions of the Criminal Procedure Code...
Source-derived case information.
- Citation
- [2025] KEHC 6003 (KLR)
- Parties
- Applicant: Jonathn Komen; Applicant: Kevin Kiptoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E032 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Custodial sentence reviewed and substituted with non-custodial community service order.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Non Custodial Sentencing, Community Service Orders, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonathn Komen
Applicant
Kevin Kiptoo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for the offence of stealing a motorcycle should be reviewed and substituted with a non-custodial sentence.
- 2 Whether the applicant meets the criteria for community service orders under the relevant sentencing guidelines.
Ratio Decidendi
The court found that, considering the applicant's acceptance of responsibility, remorse, and the positive probation officer's report, the objectives of sentencing could be met through a non-custodial sentence. The court applied the Sentencing Policy Guidelines and relevant provisions of the Criminal Procedure Code and the Constitution, determining that the custodial sentence should be substituted with a community service order. The applicant was ordered to serve at Kapyemit Chief's Office for three weeks, as this would achieve the aims of rehabilitation, deterrence, and community protection without unnecessary incarceration.
Court Disposition
Custodial sentence reviewed and substituted with non-custodial community service order.
Orders
- The custodial sentence is reviewed and substituted with a non-custodial sentence to serve at Kapyemit Chief's Office for a period of three weeks.
Full Case Text
Judgment text and source record
23 paragraphs
Komen & another v Republic (Criminal Revision E032 of 2025) [2025] KEHC 6003 (KLR) (13 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6003 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E032 of 2025
RN Nyakundi, J
May 13, 2025
Between
Jonathn Komen
1st Applicant
Kevin Kiptoo
2nd Applicant
and
Republic
Respondent
Ruling
Representation:Sidi for the State 1. The Applicant was charged with an offence of Stealing a motor cycle contrary to section 278 of the penal code. The particulars of the offence are that: On the 19th day of November, 2024 at around 1930hrs at Kiplombe area in Kimumu location Moiben sub county within Uasi Gishu County stole a motorcycle Registration number KMFA 744W make TVS HLX 650 (5 gears) read in col valued at Kshs 116000/= the property of Felix Kipkemboi Josgei.
2. The Applicant pleaded guilty and was sentenced to a fine of 50,000 or to serve 6 months imprisonment on 23. 1.2025. He has now approached this court for review of sentence under Section 362 as read with 364 of the CPC
3. During the pendency of this application, a probation officer’s report was submitted to this court recommending as follows:“Your Lordship, the inmate readily accepts responsibility for the offence committed and shows remorse. He promised to be a law abiding citizen. He is ready and willing to serve the remaining part of his sentence within the community. The family is willing to receive him back home. We recommend that, the inmate be placed on a community service orders and serve at Kapyemit Chiefs Office for a period of 3 weeks
Resolution 4. The sentencing policy guideline of the judiciary 2023, sets out the purposes, principles, and objectives of sentencing which includes inter alia.i.To impose retribution- to punish to an extent or in a way which is just in all the circumstancesii.To provide for the rehabilitation of offenderiii.To deter the offender from offending again (Special or personal deterrence)iv.To deter others from committing the same or a similar offence (general deterrence)v.To show the community that the impugned conduct is to be condemned.vi.For the protection for the community
5. I have considered the historical litigation of this matter, and in terms of Art 50 (2) (P) (Q), 6(A) & (B) of the constitution together with Section 357, 362, and 364 of the CPC the custodial sentence be and is hereby reviewed to be substituted with non-custodial to serve in a public institution by the name Kapyemit for a period of three (3) weeks.
6. It is so ordered.
GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 13THDAY OF MAY 2025. ..........................R. NYAKUNDIJUDGE