[2024] KEHC 14691 (KLR)
The court found that, based on the Probation Officer's Sentence Review Report, the applicant was suitable for a Community Service Order. The original custodial sentence was revised to allow the applicant to serve the remainder of his sentence at Muchorwi Chief’s Camp under a Community Service Order. The revision was...
Source-derived case information.
- Citation
- [2024] KEHC 14691 (KLR)
- Parties
- Applicant: Lospan Lolel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E529 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised to community service order
- Judges
- PN Gichohi
- Legal Topics
- Threats to Kill, Sentencing Revision, 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
Lospan Lolel
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised from imprisonment to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation officer's report.
Ratio Decidendi
The court found that, based on the Probation Officer's Sentence Review Report, the applicant was suitable for a Community Service Order. The original custodial sentence was revised to allow the applicant to serve the remainder of his sentence at Muchorwi Chief’s Camp under a Community Service Order. The revision was justified to aid in decongesting the prison and because the offence, while serious, did not preclude the applicant from benefiting from a non-custodial sentence given the positive recommendation and the applicant's suitability for community service.
Court Disposition
sentence revised to community service order
Orders
- The applicant shall serve the remainder of his sentence under a Community Service Order at Muchorwi Chief’s Camp.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Lolel v Republic (Criminal Revision E529 of 2024) [2024] KEHC 14691 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14691 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E529 of 2024
PN Gichohi, J
November 25, 2024
Between
Lospan Lolel
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 (Lospan Lolel) was charged in Molo MCCR E099 of 2024 with the offence of Threatening to kill, Contrary to Section 223(1) of the Penal Code.
3. The particulars are that on 9th Day of December, 2023 at around 2000 hours at Kiambiriria area, in Molo Sub County within Nakuru County, without lawful excuse threatened to kill your father one Lolel Long’ori by uttering the words, “nitakuua ama niue mtu mwingine kwa familia kama vile niliuwa yule mwingine.”
4. He pleaded not guilty and proceeded on trial where he was found guilty and was sentenced to serve three (3) years imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order to serve the reminder of his sentence at Muchorwi Chief’s Camp.
6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Muchorwi Chief’s Camp.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25TH DAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant