[2024] KEHC 2669 (KLR)
The court found that, considering the applicant's ill health and the fact that the complainant (his mother) had forgiven him, as well as the positive recommendation in the social inquiry report, the applicant was suitable for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute...
Source-derived case information.
- Citation
- [2024] KEHC 2669 (KLR)
- Parties
- Applicant: Ronald Koros; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E003 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Sentence Review Ruling
- Outcome
- Application for sentence review allowed; custodial sentence substituted with probation for the remainder of the term.
- Judges
- RB Ngetich
- Legal Topics
- Threats to Kill, Sentencing Review, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Koros
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised from a custodial to a non-custodial sentence given his health and the complainant's forgiveness.
- 2 Whether the applicant is suitable for probation based on the social inquiry report.
Ratio Decidendi
The court found that, considering the applicant's ill health and the fact that the complainant (his mother) had forgiven him, as well as the positive recommendation in the social inquiry report, the applicant was suitable for a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a probation order, allowing the applicant to serve the rest of his sentence under probation supervision.
Court Disposition
Application for sentence review allowed; custodial sentence substituted with probation for the remainder of the term.
Orders
- Applicant to serve the remaining period of sentence under probation.
Full Case Text
Judgment text and source record
20 paragraphs
Koros v Republic (Criminal Miscellaneous Application E003 of 2024) [2024] KEHC 2669 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2669 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Miscellaneous Application E003 of 2024
RB Ngetich, J
March 14, 2024
Between
Ronald Koros
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of threatening to kill contrary to section 223(1) of the Penal Code. The particulars of the charge are that the accused on the 20th day of November, 2022 at about 1400Hrs at Kamwen village in Baringo Central Sub- County within Baringo County, without lawful excuse threatened to kill Sarah Yegon while armed with a panga.
2. The Applicant denied the charges and after trial, the applicant was sentenced him to serve 3 years imprisonment. He now seeks review of sentence on the grounds that he is a first offender, is very sick suffering from anemia and has been to hospital severally. He states that the complainant who is his mother wishes to withdraw the case. He sought for a non-custodial sentence.
3. The prosecution through Ms. Ratemo submitted that the social inquiry report has been filed. That the report indicates that the accused is suitable for rehabilitation.
Determination 4. This court is empowered by Article 165 of the constitution to revise/review sentence imposed by subordinate court. The applicant has stated that the complainant who is his mother has forgiven him. He prays for non-custodial sentence. He was sentenced to serve 3 years imprisonment. I have considered the fact that the applicant is sickly and that his mother who is the complainant has forgiven him and find the applicant is suitable for a non-custodial sentence for the remainder of the sentence.
5. Final Orders: -Applicant to serve the remaining period of sentence under probation.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 14TH DAY OF MARCH 2024. ....................................RACHEL NGETICHJUDGEIn the presence of:Applicant presents.Ms Ratemo for State.Elvis, Court Assistant.