[2023] KEHC 23876 (KLR)
The court found that the applicant, having a history of theft and being a repeat offender, was not suitable for a non-custodial sentence. The Sentence Review Report indicated he was a habitual thief and the community was not supportive of a non-custodial option. The applicant had previously been convicted and...
Source-derived case information.
- Citation
- [2023] KEHC 23876 (KLR)
- Parties
- Applicant: Geoffrey Kipkurui Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E036 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined; applicant to serve full sentence as imposed by the trial court.
- Judges
- RE Aburili
- Legal Topics
- Stock Theft, Sentencing, Habitual Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kipkurui Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence given his criminal history.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant, having a history of theft and being a repeat offender, was not suitable for a non-custodial sentence. The Sentence Review Report indicated he was a habitual thief and the community was not supportive of a non-custodial option. The applicant had previously been convicted and sentenced to a Community Service Order, but reoffended before completing it. Therefore, the court declined to interfere with the custodial sentence imposed by the trial court and ordered that the applicant serve the full sentence.
Court Disposition
Application for revision declined; applicant to serve full sentence as imposed by the trial court.
Orders
- The applicant shall serve the full sentence as imposed by the trial court.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Langat v Republic (Criminal Revision E036 of 2023) [2023] KEHC 23876 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23876 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E036 of 2023
RE Aburili, J
October 6, 2023
Between
Geoffrey Kipkurui Langat
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E030 of 2022 at Tamu)
Ruling
1. The Convict Geoffrey Kipkurui Langat is serving a three (3) year prison term from February 28, 2022 for the offence of stealing stock vide Tamu SPM Criminal Case No. E030 of 2022. He pleaded guilty to the charge.
2. The filed HCR Revision No. E018 of 2022 which was declined on June 21, 2022.
3. The Sentence Review Report filed dated February 8, 2022 showed that the was a habitual thief and the community was not supportive of the non-custodial sentence. He was a convict in Criminal Case No. E396 of 2021 accused of stealing and he was sentenced to Community Service Order but before he could complete CSO, he committed stock theft and was arrested.
4. I find the convict not suitable for non-custodial sentence. He will serve full sentence as imposed by the trial court.
5. I so order.
6. Fil closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE