[2013] KEHC 1418 (KLR)
The court found that the applicant, Samuel Kiplangat Chepkwony, was not fit for a community service order because he withheld his family background and provided misleading information to the probation officer. The court determined that the integrity and candor of the applicant are essential factors in considering...
Source-derived case information.
- Citation
- [2013] KEHC 1418 (KLR)
- Parties
- Applicant: Samuel Kiplangat Chepkwony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 246 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; sentence of trial court upheld
- Judges
- B Ongaya
- Legal Topics
- Sentencing, Community Service Orders, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kiplangat Chepkwony
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is fit for a community service order as an alternative to the sentence imposed by the trial court.
- 2 Whether the conviction and sentence by the trial court should be upheld or revised.
Ratio Decidendi
The court found that the applicant, Samuel Kiplangat Chepkwony, was not fit for a community service order because he withheld his family background and provided misleading information to the probation officer. The court determined that the integrity and candor of the applicant are essential factors in considering eligibility for a community service order. As a result, the court upheld the sentence imposed by the trial court, finding no sufficient grounds to revise the conviction or sentence.
Court Disposition
application for revision dismissed; sentence of trial court upheld
Orders
- The sentence by the honourable trial court is upheld.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 246 OF 2013
(Being A Revision in the Conviction and Sentence on 05. 04. 2013 by the Honourable Senior Resident Magistrate, J. Kasam at Sotik in Criminal .Case No.2087 of 2012)
SAMUEL KIPLANGAT CHEPKWONY..........................APPLICANT
-VERSUS-
REPUBLIC..............................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
I have perused the report by the probation officer. The family background of the applicant Samuel Kiplangat Chepkwony has been withheld by the applicant. He is reported to be sly and he provides misleading information to the probation officer.
The court finds that he is not fit for a community service order. The sentence by the honourable trial court is upheld.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE