[2023] KEHC 2774 (KLR)
The court found that the appellant's family and local administration were supportive of his reintegration, and the Probation Officer's report indicated a positive attitude towards rehabilitation. Given these circumstances, and the absence of animosity in the community, the court exercised its discretion to revise...
Source-derived case information.
- Citation
- [2023] KEHC 2774 (KLR)
- Parties
- Appellant: Krop Loritai Paul; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E007 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Application for Probation and Sentence Revision
- Outcome
- Application for sentence revision allowed; appellant to serve remaining sentence under probation.
- Judges
- RB Ngetich
- Legal Topics
- Rape Offence, Sentencing Revision, Probation Orders, Remand Period Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Krop Loritai Paul
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Probation and Sentence Revision
Legal Issues
- 1 Whether the appellant should be allowed to serve the remaining sentence under probation.
- 2 Whether the period served in remand should be computed in the sentence.
Ratio Decidendi
The court found that the appellant's family and local administration were supportive of his reintegration, and the Probation Officer's report indicated a positive attitude towards rehabilitation. Given these circumstances, and the absence of animosity in the community, the court exercised its discretion to revise the sentence, allowing the appellant to serve the remaining five months under probation. The court also affirmed the earlier computation of the remand period in the sentence, ensuring compliance with statutory requirements and promoting rehabilitation over continued incarceration.
Court Disposition
Application for sentence revision allowed; appellant to serve remaining sentence under probation.
Orders
- Revision of appellant's sentence is allowed.
- Appellant to serve the remaining period of sentence under probation.
Full Case Text
Judgment text and source record
24 paragraphs
Paul v Republic (Criminal Appeal E007 of 2021) [2023] KEHC 2774 (KLR) (29 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2774 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Appeal E007 of 2021
RB Ngetich, J
March 29, 2023
Between
Krop Loritai Paul
Appellant
and
Republic
Respondent
Ruling
1. The accused was charged with offence of Rape contrary to section 3(1) (a) (b) of the Sexual Offences Act No 3 of 2006 particulars are that on the March 4, 2020 at about 2000 Hrs in East Pokot Sub-County within Baringo County, he intentionally and unlawfully caused his penis to penetrate the vagina of PP without her consent in contravention of the said Act. He pleaded not guilty to the charge.
2. The matter proceeded for hearing and upon conviction, he was sentenced to 5 years imprisonment on March 30, 2021.
3. He filed this appeal and while appearing before Justice Matheka on November 25, 2022, he applied for the period he served in remand be computed in sentence. Justice Matheka allowed the application to have period in remand computed in sentence.
4. On March 16, 2023 when appellant appeared before me, he applied to be allowed to serve on Probation the remaining sentence of 5 months. I called for Probation Report.
5. Probation Report was filed on March 29, 2023. From the report, the appellant’s family are ready to accept him back.
6. The Local Administration indicated that there is no animosity on the ground and the appellant’s family are ready to participate in his integration.
7. I have considered the sentiments by Local Administration and family of the appellant. I also note from the Probation Officer’s report that the appellant has positive attitude towards sentence and is willing to be rehabilitated within the community.
8. I am of the view that probation sentence would be appropriate to the appellant for the remaining 5 months of sentence.
9. Final Orders:a.I hereby allow revision of appellant’s sentence.b.Appellant to serve the remaining period of sentence under probation.
RULING DELIVERED, DATED AND SIGNED AT KABARNET THIS 29TH DAY OF MARCH 2023. ....................................RACHEL NGETICHJUDGEIn the presence of:Mr. Kemboi: Court AssistantMs Ratemo: Counsel for StateAccused: Present in person.