[2022] KEHC 10982 (KLR)
The court found that the applicant, having served part of his custodial sentence and in light of the positive probation report recommending a non-custodial sentence, should serve the remainder of his sentence under a community service order. The court considered the statutory maximum penalty for the offence and the...
Source-derived case information.
- Citation
- [2022] KEHC 10982 (KLR)
- Parties
- Applicant: Michael Kiprotich Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E034 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; custodial sentence substituted with community service order.
- Judges
- JN Kamau
- Legal Topics
- Stealing Stock, Handling Stolen Property, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kiprotich Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should serve the remainder of his sentence on a non-custodial sentence.
- 2 Whether the sentence imposed was in accordance with the law, specifically Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant, having served part of his custodial sentence and in light of the positive probation report recommending a non-custodial sentence, should serve the remainder of his sentence under a community service order. The court considered the statutory maximum penalty for the offence and the applicant's eligibility for a non-custodial sentence. The court did not review the sentence under Section 333(2) of the Criminal Procedure Code as the penalty for the offence allowed for a custodial sentence, but exercised discretion to substitute the remainder of the sentence with community service based on the probation officer's recommendation.
Court Disposition
Application for revision allowed; custodial sentence substituted with community service order.
Orders
- The applicant shall serve community service order at Kipsingei Sub Chiefs Office under the supervision of the Assistant Chief of Kipsingei Sub Location Mr. Benard Sigei until 9/5/2023.
- No review of sentence under Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
Langat v Republic (Criminal Revision E034 of 2022) [2022] KEHC 10982 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10982 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E034 of 2022
JN Kamau, J
August 4, 2022
Between
Michael Kiprotich Langat
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was stealing stock contrary to Section 278 of the Penal Code Cap 63 (Laws of Kenya). He was also charged with the offence of handling stolen property contrary to Section 322(1) as read with Section 322(2) of the penal Code. He was arraigned in Court on 9/9/2019 having been arrested on 6/9/2019. On 3/9/2019, the Learned Trial Magistrate convicted him on Count II and sentence him to five (5) years imprisonment. The sentence were to run from the date the accused person was committed to prison. The earliest release date by prison is 9/5/2023. The report by Jackline Mwai Probation Community Service Officer that was filed on 1/8/2022 recommends the applicant serves the remainder of his sentence on a non-custodial sentence. Accordingly, I hereby direct that the applicant serves community service order at Kipsingei Sub Chiefs Office under the supervision of the Assistant Chief of Kipsingei Sub Location Mr. Benard Sigei until 9/5/2023. The court did not review the sentence in line with Section 333(2) of the Criminal Procedure Code Cap 75 (Laws of Kenya) as it noted that the penalty per Count II was imprisonment with hard labour for a term not exceeding fourteen (14) years. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022. J. KAMAUJUDGE