[2013] KEHC 1260 (KLR)
The court found that the applicant, having served two months of the custodial sentence, demonstrated remorse and had a supportive home environment. The probation officer's report confirmed the applicant's suitability for community service. In light of these factors and the objectives of sentencing, the court...
Source-derived case information.
- Citation
- [2013] KEHC 1260 (KLR)
- Parties
- Applicant: Partrick Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 191 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Traffic Offences, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Partrick Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial magistrate was appropriate 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 the custodial sentence.
Ratio Decidendi
The court found that the applicant, having served two months of the custodial sentence, demonstrated remorse and had a supportive home environment. The probation officer's report confirmed the applicant's suitability for community service. In light of these factors and the objectives of sentencing, the court exercised its revisionary jurisdiction to alter the original sentence of a fine or imprisonment and substituted it with a community service order. The applicant was ordered to perform 60 days of community service at the CID office in Bomet under police supervision, as this would serve the interests of justice, rehabilitation, and public safety.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of a fine of Kshs. 22,000 or 8 months imprisonment is set aside.
- The applicant shall perform community service for 60 days at the CID office in Bomet under the supervision of the Police officer in-charge.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 191 OF 2013
(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 19. 07. 2013 BY THE HONOURABLE SENIOR PRINCIPAL MAGISTRATE , J. KWENA AT BOMET IN TRAFFIC CRIMINAL CASE NO. 312 OF 2013)
PARTRICK LANGAT.......................................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 364 of 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 Partrick Langat who was charged with the offences of failing to maintain parts and equipments of a motor cycle contrary to Section 55(1) of the Traffic Act, Chapter 403, Laws of Kenya; and riding a motor cycle without a driving licence contrary to section 25 A(6) and (8) of the Traffic Act, in Traffic Criminal case No. 312 of 2013 in the Senior Principal Magistrate’s Court at Bomet.
The applicant pleaded guilty as charged and the learned trial magistrate on 19. 07. 2013 convicted and sentenced him, for each charge, to a fine of Kshs. 11,000 or to serve four months imprisonment. The probation officer has filed a report which establishes as follows:
The applicant has served 2 months of the total 8 months imprisonment.
During the imprisonment the applicant has been working on the farm and he has gained considerable skills that will help him in the future.
The applicant is remorseful and has prayed for leniency and realizes that compliance with the traffic laws including obtaining all documents is important.
The applicant’s parents are willing to receive the applicant back and the home environment is convenient
Accordingly, the report recommends that the applicant is suitable for community service at CID office in Bomet.
The court has considered the report by the probation officer and the period of 2 months already served. The court has noted that the applicant is remorseful. In the circumstances of the case, the sentence of the fine of Kshs. 22,000. 00 or 8 months imprisonment is altered and substituted with the order that the applicant shall perform community service, for 60 days from the date of this ruling, at the CID office in Bomet under the supervision of the Police officer in-charge of the office.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE