[2013] KEHC 1431 (KLR)
The court found that both applicants had demonstrated genuine remorse and a willingness to reform, as evidenced by the probation officer's report. Given these circumstances, and in the interest of rehabilitation rather than continued incarceration, the court exercised its revisionary jurisdiction to alter the...
Source-derived case information.
- Citation
- [2013] KEHC 1431 (KLR)
- Parties
- Applicant: Leonard Kiplangat Yegon; Applicant: Amos Kipkemoi Rono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 243 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Community Service Orders, Stealing From Person
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Kiplangat Yegon
Applicant
Amos Kipkemoi Rono
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the applicants' remorse and suitability for a community service order.
Ratio Decidendi
The court found that both applicants had demonstrated genuine remorse and a willingness to reform, as evidenced by the probation officer's report. Given these circumstances, and in the interest of rehabilitation rather than continued incarceration, the court exercised its revisionary jurisdiction to alter the original custodial sentence. The applicants' sentences were substituted with a community service order to be served at the Sotik Probation office for seven months under supervision, effective from the date of the order.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The custodial sentence imposed by the trial court is set aside.
- Each applicant shall serve a community service order at the Sotik Probation office for seven months under the supervision of the probation officer, Sotik, effective from the date of this order.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 243 OF 2013
(Being A Revision in the Conviction and Sentence on 16. 07. 2012 by the Honourable Senior Resident Magistrate, M.O.Okuche at Sotik in Criminal Case No.1694 of 2012)
LEONARD KIPLANGAT YEGON.....................1st APPLICANT
AMOS KIPKEMOI RONO.............................2ND APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Leonard Kiplangat Yegon pleaded guilty to the offence of stealing from a person contrary to Section 279 (a) of the Penal Code. He was convicted and sentenced to 2 years imprisonment with effect from 16/07/2012. The co-accused Amos Kipkemoi Rono also an applicant for community service order was similarly convicted and sentenced.
I have considered the report by the Probation Officer and find that both applicants are remorseful and keen to be law abiding citizens.
In conclusion, the sentence by the Honourable trial court is altered and the applicants will each serve the community at the Sotik Probation office for 7 months effective the date of this order and under the supervision of the probation officer, Sotik
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE
A