[2024] KEHC 3889 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence and being recommended as suitable for community service by the Probation Officer, met the criteria for sentence revision. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial...
Source-derived case information.
- Citation
- [2024] KEHC 3889 (KLR)
- Parties
- Applicant: Haron Kipkurui Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E150 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, House Breaking, Stealing, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haron Kipkurui Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for community service as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence and being recommended as suitable for community service by the Probation Officer, met the criteria for sentence revision. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Linga Primary School for three months, in the interest of decongesting the prison and promoting rehabilitation.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Linga Primary School for three months.
Full Case Text
Judgment text and source record
22 paragraphs
Langat v Republic (Revision Case E150 of 2024) [2024] KEHC 3889 (KLR) (23 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3889 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E150 of 2024
HM Nyaga, J
April 23, 2024
Between
Haron Kipkurui Langat
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of:Count IHouse breaking Contrary to Section 304(1) (b) and Stealing Contrary to Section 279(b) of the Penal Code.The particulars are that;On the 9th day of October 2023 at Kimasian in Londiani Sub County in Kericho County, broke and entered the building used as a dwelling house by Weldon Keter and Stole (20) tins, 40kgs of beans valued at Kshs. 8,000/= the property of Weldon Keter.
3. He pleaded guilty and he was sentenced to;Pay a fine of Kshs. 20,000/= in default six months imprisonment.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Linga Primary School.
6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Linga Primary School for three (3) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RD DAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state