[2024] KEHC 14753 (KLR)
The court found that, based on the probation officer's report, the applicant was suitable for a community service order. The original custodial sentence was revised to allow the applicant to serve the remainder of her sentence under a Community Service Order at Salgaa Assistant Chief Camp. The revision was justified...
Source-derived case information.
- Citation
- [2024] KEHC 14753 (KLR)
- Parties
- Applicant: Hellen Ruto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E489 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; applicant to serve remainder under Community Service Order.
- Judges
- PN Gichohi
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Ruto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence of imprisonment should be revised to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation officer's report.
Ratio Decidendi
The court found that, based on the probation officer's report, the applicant was suitable for a community service order. The original custodial sentence was revised to allow the applicant to serve the remainder of her sentence under a Community Service Order at Salgaa Assistant Chief Camp. The revision was justified to decongest the prison and in light of the applicant's suitability for non-custodial rehabilitation.
Court Disposition
Sentence revised; applicant to serve remainder under Community Service Order.
Orders
- The applicant shall serve the remainder of her sentence under a Community Service Order at Salgaa Assistant Chief Camp.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Ruto v Republic (Criminal Revision E489 of 2024) [2024] KEHC 14753 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14753 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E489 of 2024
PN Gichohi, J
November 25, 2024
Between
Hellen Ruto
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 (Hellen Ruto) was charged in Molo MCCR E1039 of 2023 with the offence of Assault causing actual bodily harm contrary to Section 251 of the Penal Code.
3. The particulars are that on diverse dates between June, 2022 and 7th May, 2023 at Boror village in Rongai Sub County within Nakuru County, assaulted her child Lucas Kipsigei thereby occasioning him actual bodily harm.
4. She pleaded guilty and was sentenced to serve 3 (three) years imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 19th November, 2024 found the Applicant suitable for Community Service. It is recommended that she be placed on Community Service Order to serve the reminder of her sentence at Salgaa Assistant Chief Camp.
6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Salgaa Assistant Chief Camp.
7. The terms will be explained to her.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant