[2024] KEHC 3571 (KLR)
The court found that the applicant, having pleaded guilty to the offences of breaking into a building and committing a felony, and stealing, had already served a substantial part of his sentence. The Probation Officer's Sentence Review Report recommended the applicant as suitable for community service, specifically...
Source-derived case information.
- Citation
- [2024] KEHC 3571 (KLR)
- Parties
- Applicant: Victor Kiprono Rotich alias Gedion; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E104 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Plea of Guilty, Handling Stolen Goods, Breaking and Entering
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Kiprono Rotich alias Gedion
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order in light of the Sentence Review Report.
- 2 Whether the applicant is suitable for community service as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to the offences of breaking into a building and committing a felony, and stealing, had already served a substantial part of his sentence. The Probation Officer's Sentence Review Report recommended the applicant as suitable for community service, specifically at Kamara Primary School. In the interest of decongesting the prison and promoting rehabilitation, the court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order for three months. The court was satisfied that the applicant met the criteria for community service and that such an order would serve the ends of...
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Kamara Primary School for three months.
Full Case Text
Judgment text and source record
22 paragraphs
Rotich alias Gedion v Republic (Revision Case E104 of 2024) [2024] KEHC 3571 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3571 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E104 of 2024
HM Nyaga, J
March 20, 2024
Between
Victor Kiprono Rotich alias Gedion
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of:Count IBreaking into a building and committing a felony contrary to Section 306(a) of the Penal Code.The particulars are that;On the nights of 13th and 14th days of November 2023 at Kamara Trading Centre, Kamara Location, in Kuresoi North Sub County within Nakuru County, you broke and entered a shop of Mercy Koech Chelangat and committed therein a felony namely theft.Count IIStealing Contrary to Section 275 of the Penal Code.The particulars are that;On the nights of 13th and 14th days of November 2023, at Kamara Trading Centre, Kamara Location, in Kuresoi kilograms of sugar, eleven bars of classic soap, six packets of Umoja baking flour each 2kgs, seven packets of cosmo maize flour each 2kgs, ten packets of 250 gms of tea leaves, twenty packets of 100gms of tea leaves, six kilograms of cooking fat, twenty pieces of 90gms Arimis milking jelly, six pieces of 250 gms Arimis milking jelly and a memory card, all valued at Kshs. 12,960/= the property of Mercy Koech Chelangat.Alternative ChargeHandling stolen goods, Contrary to Section 322(1) (2) of the Penal Code.The particulars are that;On the 15th day of November 2023, at Kamara Trading Centre, Kamara Location, in Kuresoi North Sub County within Nakuru County, otherwise than in the course of stealing, dishonestly retained three packets of cosmo maize flour each 2kgs, one packet of umoja baking flour each 2kgs, 6 bars of classic soap, eight pieces of cooking fat each ½ kg, ten pieces of Arimis milking jelly each 90gms, one packet of Kuresoi legend tea leaves of 250 gms one packet of Mbgo tea leaves of 100gms, one kg of sugar and six pieces of omo packets each 20gms knowing or having reasons to believe them to be stolen goods.
3. He pleaded guilty and he was sentenced toCount 1: pay a fine of Kshs. 50,000/= in default six (6) months imprisonmentCount II: pay a fine of Kshs. 30,000/= in default three (3) months imprisonmentThe sentence run concurrently.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kamara Primary School.
6. I find this case fit for revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kamara Primary School for three (3) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 20TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state