[2013] KEHC 1245 (KLR)
The court found that, given the applicant's remorse, the support for reconciliation from the complainant (a relative), and the positive probation report, the custodial sentence was no longer appropriate. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a community service...
Source-derived case information.
- Citation
- [2013] KEHC 1245 (KLR)
- Parties
- Applicant: Rusia Rop; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 229 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Community Service Orders, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rusia Rop
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the applicant's remorse and family reconciliation efforts.
- 2 Whether the applicant qualifies for a community service order under the relevant statutory provisions.
Ratio Decidendi
The court found that, given the applicant's remorse, the support for reconciliation from the complainant (a relative), and the positive probation report, the custodial sentence was no longer appropriate. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a community service order, considering the interests of justice and the statutory framework allowing for such orders as alternatives to incarceration.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant's sentence is altered from imprisonment to 12 days of community service under the head teacher at Masek Primary School.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 229 OF 2013
(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 09. 07. 2013 BY THE HONOURABLE SENIOR PRINCIPAL MAGISTRATE, J.KWENA AT BOMET IN CRIMINAL CASE NO.632 OF 2013)
RUSIA ROP..............................................APPLICANT
-VERSUS-
REPUBLIC........................................RESPONDENT
(BEFORE HON. JUSTICE BYRAMONGAYA ON FRIDAY 18TH OCTOBER, 2013)
RULING ON REVISION
This is the Ruling on revision under Sections 362 and 364 of the Criminal Procedure Code Cap 75 and Section 8 (2) of the Community Service Orders Act, 1998.
The applicant was convicted to serve for a term of 5 months and has already served 4 months imprisonment. The probation report shows that the applicant is remorseful. The complainant was a relative namely a brother in-law and the family is keen to promote reconcilliation.
In the circumstances of the case the trial court's sentence is altered and the applicant is ordered to serve the community for 12 days under the head teacher at Masek Primary School.
Signed, datedanddeliveredin courtatKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE