[2013] KEHC 1355 (KLR)
The court found that the applicant had demonstrated remorse, had family support, and had served part of his custodial sentence. The probation officer's report indicated the applicant's willingness to reintegrate into society and use his skills productively. Considering the gravity of the offence, the period already...
Source-derived case information.
- Citation
- [2013] KEHC 1355 (KLR)
- Parties
- Applicant: Leonard Kirui Rotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 178 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Handling Stolen Goods, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Leonard Kirui Rotich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the applicant's circumstances and the probation officer's report.
- 2 Whether the applicant is suitable for a community service order as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant had demonstrated remorse, had family support, and had served part of his custodial sentence. The probation officer's report indicated the applicant's willingness to reintegrate into society and use his skills productively. Considering the gravity of the offence, the period already served, and the applicant's suitability for community service, the court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a community service order. The court held that a non-custodial sentence would serve the interests of justice and facilitate the applicant's rehabilitation.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of 2 years imprisonment imposed by the trial court is altered and substituted with an order for the applicant to perform community service for 15 months at the Silibwet chief's office under the chief.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
Revision No. 178 Of 2013
(Being A Revision in the Conviction and Sentence on 16. 07. 2013 by the Honourable V. Karanja Acting Senior Resident Magistrate at Bomet in Criminal Case No. 751 of 2012)
LEONARD KIRUI ROTICH…………......................APPLICANT
-VERSUS-
REPUBLIC...........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
This is the ruling in an application for revision under Sections 362 and 364of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya, and under Section 8(2) of the Community Service Orders Act, 1998. The applicant is Leonard Kirui Rotich who was charged with the offence of handling stolen goods contrary to Section 322(2) of the Penal Code, Chapter 63 of the Laws of Kenya in the Acting Senior Resident Magistrate’s Court at Bomet.
The applicant was tried as charged and the learned trial magistrate on 16. 07. 2013 convicted and sentenced him to serve 2 years imprisonment. He has served 3 months imprisonment.
The probation officer has filed a report in view of the application for revision now before this court. The report indicates that the applicant is serving at the prison quarry. The report states that the applicant is remorseful; and his relatives have visited him in prison and are willing to assist him settle down.
The court has considered the report by the probation officer and the applicant’s keenness to use his skills productively as a good citizen. It is the view of the court that he has resolved to be law abiding. The court has also considered the gravity of the offence and the prison term so far served.
In conclusion, the sentence by the honourable trial court is altered and substituted with the order for the applicant to perform community service for 15 months at the Silibwet chief’s office under the chief..
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE