[2013] KEHC 1339 (KLR)
The court found that the applicant could not be granted a community service order because his home was unknown and the local chief could not identify him, making supervision and enforcement of such an order impracticable. Consequently, there was no sufficient ground to interfere with the conviction and sentence...
Source-derived case information.
- Citation
- [2013] KEHC 1339 (KLR)
- Parties
- Applicant: Robert Kipngetich Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 240 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Application for revision dismissed; conviction and sentence upheld.
- Judges
- B Ongaya
- Legal Topics
- Stealing by Servant, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Kipngetich Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is eligible for a community service order in lieu of imprisonment.
- 2 Whether the conviction and sentence by the trial court should be upheld.
Ratio Decidendi
The court found that the applicant could not be granted a community service order because his home was unknown and the local chief could not identify him, making supervision and enforcement of such an order impracticable. Consequently, there was no sufficient ground to interfere with the conviction and sentence imposed by the trial court, and both were upheld.
Court Disposition
Application for revision dismissed; conviction and sentence upheld.
Orders
- The application for a community service order is declined.
- The conviction and sentence by the trial court are upheld.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 240 OF 2013
(Being A Revision in the Conviction and Sentence on 10. 06. 2013 by the Honourable Resident Magistrate, Nancy Barasa at Sotik in Criminal Case No.297 of 2013)
ROBERT KIPNGETICH KIRUI.............................APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
I have considered the report by the probation officer. The applicant was convicted of the offence of stealing by servant contrary to Section 281 of the Penal Code. He was sentenced to one year imprisonment effective 10/05/2013. It is reported that the applicant's home said to be in Transmara District is unknown and the chief for Chebilat Location in Sotik District where the applicant was a resident prior to conviction could not identify him.
In the circumstances, I decline to grant a community service order. The conviction and sentence by the trial court is upheld.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE