[2023] KEHC 23797 (KLR)
The court found that the applicant had demonstrated genuine rehabilitation through positive conduct in custody, completion of theological courses, and a commitment to Christian values. The applicant's family was willing to support his reintegration, and he had served a substantial portion of his sentence. Despite...
Source-derived case information.
- Citation
- [2023] KEHC 23797 (KLR)
- Parties
- Applicant: Philemone Kiptoo Kosgey; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E029 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence reduced to period already served; applicant to be released forthwith unless otherwise lawfully held
- Judges
- JK Sergon
- Legal Topics
- Grievous Harm, Sentencing Review, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philemone Kiptoo Kosgey
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of rehabilitation and positive conduct in custody.
- 2 Whether the remaining sentence should be substituted with time already served.
Ratio Decidendi
The court found that the applicant had demonstrated genuine rehabilitation through positive conduct in custody, completion of theological courses, and a commitment to Christian values. The applicant's family was willing to support his reintegration, and he had served a substantial portion of his sentence. Despite objections from local administrators, the court exercised its discretion to prioritize rehabilitation and community reintegration, concluding that the interests of justice would be served by reducing the sentence to the period already served. The applicant was therefore ordered to be released forthwith unless otherwise lawfully held.
Court Disposition
sentence reduced to period already served; applicant to be released forthwith unless otherwise lawfully held
Orders
- The sentence is reduced to the period already served.
- The applicant shall be set at liberty forthwith unless otherwise unlawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Kosgey v Republic (Criminal Revision E029 of 2023) [2023] KEHC 23797 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23797 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E029 of 2023
JK Sergon, J
October 19, 2023
Between
Philemone Kiptoo Kosgey
Applicant
and
Republic
Respondent
Ruling
1. Philemone Kiptoo Kosgey, hereinafter referred to as the Applicant was convicted of the offence of Grievous Harm contrary to section 234 of the Penal Code.
2. On May 11, 2021, Hon. S. K. Ngetich, the then Learned Principal Magistrate sentenced the Applicant to serve 3 years imprisonment.
3. The Proceedings relating to the aforesaid case that is Kericho C.M C C.R Case No. 212 of 2020 –Republic-vs-Philemone Kiptoo Koskey were placed before this court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.
4. The Probation Officer filed a sentence review report on July 24, 2023. In the said report it was noted that the applicant had a positive attitude towards the non-custodial sentence and had promised to embrace positive change. The prison authorities stated that the applicant did several theological courses and had embraced Christianity and Christian values while in custody. That the applicant had promised to seek for forgiveness from the administrator he had injured and live harmoniously within the community. The applicant’s family were willing to welcome him back home and assist in his rehabilitation though the local administrators objected to his release. In view of the administrators’ objection to his release, the probation officer left the matter to the discretion of the court.
5. The applicant has so far served two (2) years five (5) months and is remaining with seven (7) months to complete his sentence.
6. Having considered the fact that the applicant’s family is willing to welcome him back and assist in his rehabilitation, I hereby order that the sentence be reduced to the period already served. The applicant should therefore be set at liberty forthwith unless otherwise unlawfully held.
DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. J.K. SERGONJUDGE