[2024] KEHC 14689 (KLR)
The court found that the applicant, having pleaded guilty to burglary and stealing, was sentenced to three years imprisonment. However, the Probation Officer's Sentence Review Report recommended the applicant as suitable for community service. The court exercised its revisionary jurisdiction to substitute the...
Source-derived case information.
- Citation
- [2024] KEHC 14689 (KLR)
- Parties
- Applicant: Collins Tanui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E538 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to community service order
- Judges
- PN Gichohi
- Legal Topics
- Burglary, Sentencing Revision, Community Service Orders, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Tanui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for non-custodial sentencing based on the probation report.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to burglary and stealing, was sentenced to three years imprisonment. However, the Probation Officer's Sentence Review Report recommended the applicant as suitable for community service. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a community service order for one year at Mau – Summit police station, in line with the recommendation and in the interest of decongesting the prison and promoting rehabilitation.
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant shall serve the remainder of his sentence under a Community Service Order for one year at Mau – Summit police station.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Tanui v Republic (Criminal Revision E538 of 2024) [2024] KEHC 14689 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14689 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E538 of 2024
PN Gichohi, J
November 25, 2024
Between
Collins Tanui
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 (Collins Tanui) was charged in Molo MCCR E900 of 2024 with the offence of Burglary contrary to section 304 (2) and stealing contrary to section 279 (b) of the Penal Code.
3. The particulars are that on the diverse dates between 28th March and 2nd April at Olenguruone town in Kureso South Sub County within Nakuru County, broke and entered into the dwelling house of Ann Cherop Langat with intent to steal and therein stole one bed, two plastic basins, one lantern lamp, one hacksaw, three tables, four blankets, carpet, two frying pans, a jembe, a pair of leather shoes, 2 (two) sweaters, sofa set, bicycle frame, two stools and school books all valued at Ksh.45,800/=.
4. He pleaded guilty and was sentenced to three (3) years imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order for one (1) year at Mau – Summit police station.
6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order for one (1) year at Mau – Summit police station.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant