[2023] KEHC 20197 (KLR)
The court found that the applicant, being a first offender and having served a substantial period in custody, had learned sufficient lessons from his incarceration. The trial court's sentence was appropriate at the time, but the interests of justice and rehabilitation warranted a revision. The court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 20197 (KLR)
- Parties
- Applicant: Calvin Kiprono Sang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E086 of 2022
- Procedural Posture
- Criminal Appeal / Sentence Review Application Pending Appeal
- Outcome
- Application for sentence review allowed; applicant released to serve remainder of sentence under probation; appeal marked as abandoned.
- Judges
- HK Chemitei
- Legal Topics
- Sentence Review, Probation Orders, False Pretence Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calvin Kiprono Sang
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentence Review Application Pending Appeal
Legal Issues
- 1 Whether the applicant's sentence should be reviewed to probation considering time already served.
- 2 Whether the applicant's status as a first offender and remorse justify sentence revision.
Ratio Decidendi
The court found that the applicant, being a first offender and having served a substantial period in custody, had learned sufficient lessons from his incarceration. The trial court's sentence was appropriate at the time, but the interests of justice and rehabilitation warranted a revision. The court exercised its discretion to set the applicant free, ordering that the remaining period of the sentence be served under probation, as guided by the relevant probation office. The pending appeal was marked as abandoned, as the sentence review rendered it moot.
Court Disposition
Application for sentence review allowed; applicant released to serve remainder of sentence under probation; appeal marked as abandoned.
Orders
- The applicant is set free unless otherwise lawfully held.
- The remaining period of the sentence shall be served under probation as guided by the relevant probation office.
Full Case Text
Judgment text and source record
21 paragraphs
Sang v Republic (Criminal Appeal E086 of 2022) [2023] KEHC 20197 (KLR) (19 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20197 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Appeal E086 of 2022
HK Chemitei, J
July 19, 2023
Between
Calvin Kiprono Sang
Applicant
and
Republic
Respondent
Ruling
1. The applicant was convicted of the offence of obtaining money by false pretence and sentence to serve two years’ imprisonment on September 9, 2022 in Molo Criminal Case No 2383 of 2019. He filed in this court namely appeal number E086 of 2022 against the said lower court judgement.
2. While the appeal was pending he filed this application received in court on September 19, 2022 praying that the sentence be reviewed so that he could be placed under probation and that the period he has served be considered.
3. In the supporting affidavit he stated that he has learn a lifelong lesson and shall not repeat the same mistake.
4. The court reckons that he was a first offender and the trial court rightfully handed him appropriate sentence. This court taking into account the period he has been in custody is of the considered view that he has learn enough lessons not to con other people anymore.
5. In the premises, the applicant is hereby set free unless otherwise held and the period remaining he shall serve under probation as shall be guided by the relevant probation office.
6. The appeal number E086 of 2022 is marked as abandoned.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 19THDAY OF JULY 2023. H K CHEMITEIJUDGE