[2013] KEHC 1379 (KLR)
The court found that the applicant had demonstrated genuine remorse and a willingness to reconcile with the complainant, as evidenced by the probation officer's report. The applicant's improved behaviour and the fact that the sentence was nearly complete justified the alteration of the sentence. The interests of...
Source-derived case information.
- Citation
- [2013] KEHC 1379 (KLR)
- Parties
- Applicant: Robert Kipkoech Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 241 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; applicant discharged from prison forthwith
- Judges
- B Ongaya
- Legal Topics
- Malicious Damage to Property, Sentencing Revision, Penal Code Section 339, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Kipkoech Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of his remorse and improved behaviour.
- 2 Whether the period already served in prison justifies early discharge.
Ratio Decidendi
The court found that the applicant had demonstrated genuine remorse and a willingness to reconcile with the complainant, as evidenced by the probation officer's report. The applicant's improved behaviour and the fact that the sentence was nearly complete justified the alteration of the sentence. The interests of justice and rehabilitation outweighed the need for continued incarceration, leading the court to order the applicant's immediate discharge from prison.
Court Disposition
sentence revised; applicant discharged from prison forthwith
Orders
- The sentence by the trial court is altered.
- The applicant is discharged from prison forthwith.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 241 OF 2013
(Being A Revision in the Conviction and Sentence on 03. 06. 2013 by the Honourable Resident Magistrate, Nancy Barasa at Sotik in Criminal Case No.286 of 2013)
ROBERT KIPKOECH LANGAT....................................APPLICANT
-VERSUS-
REPUBLIC.................................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Robert Kipkoech Langat pleaded guilty to the offence of malicious damage to property contrary to Section 339 (1) of the Penal Code. He was convicted and sentenced to 7 months imprisonment effective 03/06/2013.
The report by the probation officer shows that the applicant is remorseful, is keen to reconcile with the complainant and put on clothes of law abiding citizens.
I have noted the improved behaviour of the applicant and considered that the imprisonment period is due to end on 24/10/2013. Accordingly, the sentence by the honourable trial court is altered and the applicant is discharged from prison forthwith.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE