[2024] KEHC 3437 (KLR)
The court found that the applicant, having pleaded guilty to theft of farm produce and being a first offender, had demonstrated remorse and reformation as evidenced by the probation officer's report. The report recommended a non-custodial sentence, noting the applicant's suitability for rehabilitation and...
Source-derived case information.
- Citation
- [2024] KEHC 3437 (KLR)
- Parties
- Applicant: Weldone Kiptoo Lagat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Custodial sentence reviewed and substituted with probation for 11 months.
- Judges
- RN Nyakundi
- Legal Topics
- Theft of Farm Produce, Sentencing Review, Probation Orders, First Offender Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Weldone Kiptoo Lagat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant, a first offender convicted of theft of farm produce, should have his custodial sentence reviewed to a non-custodial sentence based on the probation report.
- 2 What factors should guide the court in determining whether to impose a custodial or non-custodial sentence in the circumstances.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to theft of farm produce and being a first offender, had demonstrated remorse and reformation as evidenced by the probation officer's report. The report recommended a non-custodial sentence, noting the applicant's suitability for rehabilitation and reintegration into his home environment. The court considered the relevant factors for sentencing, including the gravity of the offence, the applicant's lack of prior criminal history, his character, and the absence of any threat to the community. In light of these considerations, the court determined that the custodial sentence should be reviewed and substituted with a probation...
Court Disposition
Custodial sentence reviewed and substituted with probation for 11 months.
Orders
- The applicant's custodial sentence is reviewed.
- The applicant shall serve a probation sentence for a period of 11 months.
Full Case Text
Judgment text and source record
22 paragraphs
Lagat v Republic (Criminal Revision E092 of 2024) [2024] KEHC 3437 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3437 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E092 of 2024
RN Nyakundi, J
April 11, 2024
Between
Weldone Kiptoo Lagat
Applicant
and
Republic
Respondent
Ruling
Representation:Mark Mugun for the state 1. The applicant was charged with the offence of theft of farm produce contrary to section 8(1) of Stock Produce Theft Act Cap 335 Laws of Kenya. The particulars of the offence were that on the 30th October, 2023 at around 1600 Hours at Kelji village in Moiben sub-county within Uasin Gishu county, stole 180kgs of maize valued at Kshs. 12,000/=, the property of Judith Jelagat.
2. The applicant pleaded guilty to the offence before Hon. O. Mogire on 15th November, 2023 and as a consequence, he was convicted on his own plea of guilty and sentenced to serve two years imprisonment.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a)&(b) of the Constitution.
4. The applicant seeks a sentence review based on the probation report dated 27th March, 2024. The probation officer’s report indicates that from their interview with the prison administration, there is an indication that the applicant has reformed and well behaved. That he should be considered for a sentence review because he is a first offender. In the Probation officer’s report, the applicant has pleaded for a non-custodial sentence on grounds that he is reformed and he promised not to reoffend.
5. The recommendation fronted by the probation officer is that considering the inmate home environment is suitable for his rehabilitation and re-integration, he can serve a probation sentence for a period of 11 months so that he can receive appropriate guidance and counselling to avoid reoffending.
6. In determining whether to impose a custodial or non-custodial sentence, the court is required to take into account the following factors: -a)Gravity of the offence: - sentence of imprisonment should be avoided for misdemeanour.b)Criminal history of the offender. Taking into account the seriousness of the offences, first offenders should be considered for non-custodial sentence.c)Character of the offender: - non-custodial sentence are best suited for offenders who are already remorseful and receptive to rehabilitative measures.d)Protection of the community: - where the offender is likely to pose a threat to the community.e)Offender’s responsibility to third parties: - where there are people depending on the offender.
7. I have considered the said charge in question and the probation officer’s report. The sentenced is hereby reviewed for the applicant to serve on probation for a period of 11 months.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. .......................R. NYAKUNDIJUDGE