[2016] KEHC 7022 (KLR)
The court, having allowed the appeal against sentence and set aside the life imprisonment, considered the social inquiry report which was favourable to the appellant. Given the appellant's age and the positive findings of the report, the court found it appropriate to substitute the life sentence with a three-year...
Source-derived case information.
- Citation
- [2016] KEHC 7022 (KLR)
- Parties
- Appellant: Shadrack Kipngetich Marindany; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 89 of 2012
- Procedural Posture
- Criminal Appeal / Sentence Substitution After Appeal Allowed
- Outcome
- sentence_substituted_to_probation
- Judges
- HI Ong'udi
- Legal Topics
- Sexual Offences, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Kipngetich Marindany
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentence Substitution After Appeal Allowed
Legal Issues
- 1 Whether the sentence of life imprisonment should be substituted following a successful appeal.
- 2 Whether the appellant is suitable for a probationary sentence based on the social inquiry report.
Ratio Decidendi
The court, having allowed the appeal against sentence and set aside the life imprisonment, considered the social inquiry report which was favourable to the appellant. Given the appellant's age and the positive findings of the report, the court found it appropriate to substitute the life sentence with a three-year probationary term. The court exercised its discretion under the Criminal Procedure Code and the Probation of Offenders Act to impose a non-custodial sentence, ensuring the appellant is subject to probation supervision and conditions as explained in court.
Court Disposition
sentence_substituted_to_probation
Orders
- The sentence of life imprisonment is substituted with a sentence of three years imprisonment on probation.
- The appellant to report to the Probation Office.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT KERICHO
CRIMINAL APPEAL NO.89 OF 2012
SHADRACK KIPNGETICH MARINDANY...............APPELLANT
VERSUS
REPUBLIC..............................................................RESPONDENT
(Being appeal against the Conviction and Sentence by the p[rin cip[al Magistrate Hon. J. Ndururi
at Kericho Chief Magistrate's Court in Sexual Offences No.63 of 2011)
SENTENCE
- In its Judgment delivered on 9th December, 2015, this court allowed the appeal against sentence and did set aside the sentence.
- Before substitution, a social inquiry report was called for and the same has now been filed.
- The report is favourable to the appellant, who is now aged over 18 years.
ORDER:
i. The sentence of life imprisonment which was set aside is now substituted with a sentence of three (3) years imprisonment on probation. The conditions are explained.
ii. The appellant to report to the Probation Office.
Delivered, Signed and Dated at Kericho this 10th day of February, 2016.
…......................
H. I. ONG'UDI
JUDGE
In the presence of: M/s Keli for State, Appellant and Hillary/Cheruyoit as Court Assistants.
…......................
H. I. ONG'UDI
JUDGE