[2019] KEHC 8308 (KLR)

[2019] KEHC 8308 (KLR)

The High Court, exercising its appellate jurisdiction, found that the circumstances of the case and the recommendation of the Probation Officer justified altering the original custodial sentence. The court held that a Community Service Order at the Chief’s Office, Lelmen Location, Baringo County for a period of six...

Source-derived case information.

Citation
[2019] KEHC 8308 (KLR)
Parties
Appellant: Mark Kiprop Chemwetich; Respondent: Republic
Court
High Court
Court Station
High Court at Kabarnet
Jurisdiction
Kenya
Case Number
Criminal Appeal 25 of 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
sentence altered on appeal; custodial sentence substituted with community service order
Judges
EM Muriithi
Legal Topics
Sentencing, Community Service Order, Appeals Against Sentence
Source Language
en
Criminal Law Sentencing Community Service Order Appeals Against Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mark Kiprop Chemwetich

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed by the trial court should be altered on appeal.
  2. 2 Whether a Community Service Order is appropriate in the circumstances.

Ratio Decidendi

The High Court, exercising its appellate jurisdiction, found that the circumstances of the case and the recommendation of the Probation Officer justified altering the original custodial sentence. The court held that a Community Service Order at the Chief’s Office, Lelmen Location, Baringo County for a period of six months was appropriate, in line with section 354(3)(b) of the Criminal Procedure Code. The court considered the appellant's personal circumstances, the nature of the offence, and the positive recommendation from the Probation Officer. The respondent did not oppose the recommendation. Accordingly, the court substituted the custodial sentence with a Community Service Order,...

Court Disposition

sentence altered on appeal; custodial sentence substituted with community service order

Orders

  • The appellant shall serve a Community Service Order at the Chief’s Office, Lelmen Location, Baringo County for a period of 6 months from the date of judgment.