[2013] KEHC 1409 (KLR)
The court found, based on the probation officer's report, that the applicant was not welcome in his community and, considering the gravity of the offence of stock theft, determined that the applicant was not suitable for a community service order. Consequently, the original custodial sentence of two years'...
Source-derived case information.
- Citation
- [2013] KEHC 1409 (KLR)
- Parties
- Applicant: Nicholas Kipsang Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 259 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; custodial sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Stock Theft, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Kipsang Bett
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is suitable for a community service order in lieu of imprisonment.
- 2 Whether the sentence imposed by the trial court should be upheld or revised.
Ratio Decidendi
The court found, based on the probation officer's report, that the applicant was not welcome in his community and, considering the gravity of the offence of stock theft, determined that the applicant was not suitable for a community service order. Consequently, the original custodial sentence of two years' imprisonment imposed by the trial court was upheld, as there were no sufficient grounds to interfere with the sentence.
Court Disposition
application for revision dismissed; custodial sentence upheld
Orders
- The sentence by the honourable trial court is upheld.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 259 OF 2013
(Being A Revision in the Conviction and Sentence on 30. 01. 2013 by the Honourable Senior Resident Magistrate, J. Kasam at Sotik in Criminal .Case No.67 of 2013)
NICHOLAS KIPSANG BETT......................................APPLICANT
-VERSUS-
REPUBLIC..............................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
I have perused the report by the probation officer. It is reported that the applicant Nicholas Kipsang Bett convicted of the offence of stealing stock contrary to Section 278 of the Penal Code and sentenced to 2 years imprisonment effective 30/01/2013 is not welcome to his community.
I have also considered the gravity of the offence and find that the applicant is not suitable for community service order. The sentence by the honourable trial court is upheld.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE