[2013] KEHC 1333 (KLR)
The court found that the applicant, having pleaded guilty to stealing stock, was not suitable for a community service order based on the gravity of the offence and the negative probation officer's report, which highlighted the applicant's lack of respect for authority and family. Consequently, the court upheld the...
Source-derived case information.
- Citation
- [2013] KEHC 1333 (KLR)
- Parties
- Applicant: Patrick Kibet Chepkwony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 239 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Stealing Stock, Sentencing, 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
Patrick Kibet Chepkwony
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is suitable for a community service order given the conviction for stealing stock.
- 2 Whether the sentence imposed by the trial court should be upheld or revised.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to stealing stock, was not suitable for a community service order based on the gravity of the offence and the negative probation officer's report, which highlighted the applicant's lack of respect for authority and family. Consequently, the court upheld the custodial sentence imposed by the trial court, finding no basis to interfere with the sentence.
Court Disposition
application for revision dismissed; 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. 239 OF 2013
(Being A Revision in the Conviction and Sentence on 25. 03. 2013 by the Honourable Resident Magistrate, N.Barasa at Sotik in Criminal Case No.186 of 2013)
PATRICK KIBET CHEPKWONY............................APPLICANT
-VERSUS-
REPUBLIC..........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Patrick Kibet Chepkwony pleaded guilty to the offence of stealing stock contrary to Section 278 of the Penal Code. He was convicted and sentenced to 4 years imprisonment effective 25/3/2013. The complainant was his aunt and she has confirmed to the probation officer that the applicant is a person with no respect for authority and the family. The probation officer has recommended that the applicant is not suitable for community service.
The court has considered the gravity of the offence and the report by the probation officer and finds that the applicant is not suitable for a community service order. The sentence by the honourable trial court is upheld.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE