[2024] KEHC 3570 (KLR)
The court found that the applicant, having served a substantial portion of his custodial sentence for threatening to kill, was suitable for community service as recommended by the Probation Officer. In exercise of its revisionary powers, the court determined that the interests of justice and the objective of...
Source-derived case information.
- Citation
- [2024] KEHC 3570 (KLR)
- Parties
- Applicant: Wesly Kiprop Mosonik; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E102 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised to community service order
- Judges
- HM Nyaga
- Legal Topics
- Threats to Kill, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesly Kiprop Mosonik
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that the applicant, having served a substantial portion of his custodial sentence for threatening to kill, was suitable for community service as recommended by the Probation Officer. In exercise of its revisionary powers, the court determined that the interests of justice and the objective of decongesting prisons would be served by revising the sentence. The remainder of the sentence was substituted with a community service order at Karima Primary School for three months, with terms to be explained to the applicant.
Court Disposition
sentence revised to community service order
Orders
- The custodial sentence imposed by the trial court is revised.
- The applicant shall serve the remainder of his sentence under community service at Karima Primary School for three months.
Full Case Text
Judgment text and source record
22 paragraphs
Mosonik v Republic (Revision Case E102 of 2024) [2024] KEHC 3570 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3570 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E102 of 2024
HM Nyaga, J
March 20, 2024
Between
Wesly Kiprop Mosonik
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:Threatening to kill, Contrary to Section 223(1) of the Penal Code.The particulars are that;On the 19th day of December 2023 at Karima Village in Kuresoi North Sub County within Nakuru County, without lawful escuse uttered words “nitakuuwa” while armed with a nut, threatening to kill Esther Mutai.
3. He pleaded guilty and he was sentenced to serve six (6) months in jail.
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 Karima 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 Karima Primary School for three (3) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 20TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state