[2023] KEHC 19621 (KLR)
The court found that, given the applicant's plea of guilty and the recommendation of the probation officer for a non-custodial sentence, the custodial sentence imposed by the trial court was not appropriate. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a...
Source-derived case information.
- Citation
- [2023] KEHC 19621 (KLR)
- Parties
- Applicant: Cliff Ratemo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E063 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to community service order
- Judges
- WA Okwany
- Legal Topics
- Traffic Offences, Plea of Guilty, Sentencing, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cliff Ratemo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court for failing to maintain parts and equipment under the Traffic Act was appropriate.
- 2 Whether a non-custodial sentence should be substituted for the custodial sentence imposed.
Ratio Decidendi
The court found that, given the applicant's plea of guilty and the recommendation of the probation officer for a non-custodial sentence, the custodial sentence imposed by the trial court was not appropriate. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order, directing the applicant to serve at Mecheo Chief’s Office under supervision for the remaining period of four months.
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant shall serve a Community Service Order at Mecheo Chief’s Office under the supervision of chief Moses Mokua for the remaining period of 4 months.
Full Case Text
Judgment text and source record
17 paragraphs
Ratemo v Republic (Criminal Revision E063 of 2023) [2023] KEHC 19621 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19621 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E063 of 2023
WA Okwany, J
June 29, 2023
Between
Cliff Ratemo
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCTR E225 of 2023 by Hon. B.M. Kimtai Senior Principal Magistrate on 9th May 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of failing to maintain parts and equipment contrary to section 55(1) as read with section 58 (1) of the Traffic Act. The trial court sentenced him to pay a fine of Kshs. 50,000/= or serve 8 months imprisonment. The Report by Jackline C. Mwei the Probation Officer dated 13th June 2023 and filed on 14th June 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Mecheo Chief’s Office under the supervision of chief Moses Mokua for the remaining period of 4 months.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE