[2019] KEHC 4194 (KLR)
The court found that the community service officer's report was favourable to the accused and that the families of the deceased and the accused had reconciled according to Kalenjin traditions. No compensation was sought by the deceased's family, and both families continued to relate well even before sentencing. In...
Source-derived case information.
- Citation
- [2019] KEHC 4194 (KLR)
- Parties
- Applicant: Republic; Respondent: Donald Kosgei
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 18 of 2019
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Sentence revised to community service.
- Legal Topics
- Sentencing, Community Service Orders, Restorative Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Donald Kosgei
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the accused should be revised in light of the community service officer's report and the reconciliation between the families.
Ratio Decidendi
The court found that the community service officer's report was favourable to the accused and that the families of the deceased and the accused had reconciled according to Kalenjin traditions. No compensation was sought by the deceased's family, and both families continued to relate well even before sentencing. In these circumstances, the court agreed with the recommendation of the community service officer that the accused be placed on unpaid community work for eight months at Chemoketer Primary School under supervision. The revision was thus ordered in favour of community service rather than custodial sentence.
Court Disposition
Sentence revised to community service.
Orders
- The accused shall serve unpaid community work for eight months at Chemoketer Primary School under the supervision of the community service officer.
- Order on revision made, signed and dated at Narok this 23rd day of September, 2019.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL REVISION NO 18 OF 2019
REPUBLIC......................................... APPLICANT
VERSUS
DONALD KOSGEI ...ACCUSED/RESPONDENT
Being revision from the original conviction and sentence in criminal case No. 445/2019 in Chief Magistrate’s Court at Narok)
ORDER ON REVISION
1. I have perused the Community Service officer’s report which is dated 17/9/2019. I find the report to be favourable to the accused. I further find that the families of the deceased and that of the accused have reconciled in accordance with the Kalenjin traditions. The reconciliation was at the instance of the family of the accused.
2. Furthermore, I find that there was no compensation asked for by the family of the deceased person. Finally, I find that the two families have continued to relate well, which was done even before the accused was sentenced.
3. In the circumstances, I agree with the recommendation of the community service officer, Ms Naomi Muhia that the accused be placed to serve unpaid community work for a period of eight months. The accused will serve community service at Chemoketer Primary schoolunder the supervision of the community service officer.
4. Order on revision made, signed and dated at Narok this 23rd day of September, 2019.
J.M. Bwonwonga
Judge
23/9/2019