[2023] KEHC 23826 (KLR)
The court found that the applicant had demonstrated remorse, positive conduct in prison, and had the support of his family for reintegration. The probation officer's report was favourable, recommending that the applicant serve the remainder of his sentence under a Community Service Order. The court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 23826 (KLR)
- Parties
- Applicant: Richard Kipkorir Terer; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E040 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review allowed; applicant to serve remainder of sentence under Community Service Order.
- Judges
- JK Sergon
- Legal Topics
- Defilement, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kipkorir Terer
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant should be allowed to serve the remainder of his sentence under a Community Service Order (CSO).
Ratio Decidendi
The court found that the applicant had demonstrated remorse, positive conduct in prison, and had the support of his family for reintegration. The probation officer's report was favourable, recommending that the applicant serve the remainder of his sentence under a Community Service Order. The court exercised its discretion under the Criminal Procedure Code to allow the applicant to complete his sentence outside prison, under supervision, as a means of furthering rehabilitation and reintegration into society.
Court Disposition
Application for sentence review allowed; applicant to serve remainder of sentence under Community Service Order.
Orders
- The applicant, Richard Kipkorir Terer, is set free from prison to serve the remainder of his sentence (one year six months) under Community Service Order at Sotik Primary School under the supervision of the Assistant Chief, Kapsimotwo Sub-Location and the Headmaster, Sotik Primary School.
Full Case Text
Judgment text and source record
21 paragraphs
Terer v Republic (Criminal Revision E040 of 2023) [2023] KEHC 23826 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23826 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E040 of 2023
JK Sergon, J
October 19, 2023
Between
Richard Kipkorir Terer
Applicant
and
Republic
Respondent
Ruling
1. Richard Kipkorir Terer, hereinafter referred to as the Applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act No. 3 of 2006.
2. On 8th April, 2022, Hon Aziza Ajwang, the then Learned Resident Magistrate sentenced the Applicant to serve 3 years imprisonment.
3. The Proceedings relating to the aforesaid case, that is Kericho CMC SO Case No 553 of 2023 Republic v Richard Kipkorir Terer were placed before this Court pursuant to the provisions of Section 362 and 364 of the Criminal Procedure Code.
4. The Probation Officer filed a sentence review report on 19th July, 2023. In the said report it was noted that the applicant was remorseful, regretted having committed the offence and had learnt from his mistake never to repeat. The prison authorities stated that the applicant who was attached to the kitchen sector of the prison had not been associated with being in possession of contraband or fights with other inmates and was positive having shown character reform. The Applicant’s family was willing to welcome him back home. The probation officer therefore recommended that the applicant completes the remaining term of his sentence on Community Service Order (CSO).
5. The Applicant has so far served one (1) year and six (6) months and is remaining with one (1) year six (6) months to complete his sentence.
6. Having considered the fact that the sentence review report is favourable, I hereby order that the Applicant Namely:- Richard Kipkorir Terer be set free from prison to serve the remainder of his sentence i.e. one (1) year six (6) months under Community Service Order (CSO) at Sotik Primary School under the supervision of the Assistant Chief, Kapsimotwo Sub-Location and the Headmaster, Sotik Primary School.
DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. ................J.K. SERGONJUDGE