[2013] KEHC 1337 (KLR)
The court found that, considering the gravity of the offence of breaking into a building and committing a felony, and upon review of the probation officer's report, the applicant was not suitable for a community service order. There was no sufficient basis to interfere with the conviction or the sentence imposed by...
Source-derived case information.
- Citation
- [2013] KEHC 1337 (KLR)
- Parties
- Applicant: Robert Kipngetich Sanga alias Nondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 253 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application declined; sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Sentencing, Revision of Sentence, Breaking and Entering, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Kipngetich Sanga alias Nondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is suitable for a community service order instead of imprisonment.
- 2 Whether the conviction and sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that, considering the gravity of the offence of breaking into a building and committing a felony, and upon review of the probation officer's report, the applicant was not suitable for a community service order. There was no sufficient basis to interfere with the conviction or the sentence imposed by the trial court. The application for revision was therefore declined, and the original sentence of four years imprisonment was upheld.
Court Disposition
application declined; sentence upheld
Orders
- The application for revision is declined.
- The sentence of four years imprisonment imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 253 OF 2013
(Being A Revision in the Conviction and Sentence on 15. 08. 2012 by the Honourable Resident Magistrate, N.Barasa at Sotik in Criminal .Case No.1514 of 2012)
ROBERT KIPNGETICH SANGA alias NONDI.......APPLICANT
-VERSUS-
REPUBLIC............................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Robert Kipngetich Sanga alias Nondi was charged with the offence of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code.
The applicant was convicted and sentenced to 4 years imprisonment effective 15/08/2012.
The court has considered the probation officer's report and the gravity of the offence. It is the opinion of the court that the applicant is not suitable for community service order. The application is declined and the sentence by the trial court upheld.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE