[2023] KEHC 3745 (KLR)
The court found that the applicant, having served approximately 1 year and 10 months of his sentence, had demonstrated good conduct in prison, and his family was willing to receive him back. The sentence review report recommended a non-custodial sentence, and the victim had relocated to an unknown place. In the...
Source-derived case information.
- Citation
- [2023] KEHC 3745 (KLR)
- Parties
- Applicant: Bernard Kibet Too; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E465 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- custodial sentence revised to community service order for remainder of sentence
- Judges
- HM Nyaga
- Legal Topics
- Attempted Murder, Attempted Suicide, Sentencing Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kibet Too
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the prison decongestion exercise.
- 2 Whether the applicant is suitable for a non-custodial sentence based on the sentence review report.
Ratio Decidendi
The court found that the applicant, having served approximately 1 year and 10 months of his sentence, had demonstrated good conduct in prison, and his family was willing to receive him back. The sentence review report recommended a non-custodial sentence, and the victim had relocated to an unknown place. In the context of the ongoing prison decongestion exercise, the court determined that the interests of justice would be served by revising the custodial sentence to a community service order (CSO) for the remainder of the sentence. The court thus ordered that the applicant be placed on CSO at the office of the Chief at Lengabei for the balance of his sentence.
Court Disposition
custodial sentence revised to community service order for remainder of sentence
Orders
- The applicant shall serve the remainder of his sentence on community service order at the office of the Chief at Lengabei.
- The applicant is released from prison custody forthwith to commence community service.
Full Case Text
Judgment text and source record
20 paragraphs
Too v Republic (Criminal Revision E465 of 2022) [2023] KEHC 3745 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3745 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E465 of 2022
HM Nyaga, J
April 27, 2023
Between
Bernard Kibet Too
Applicant
and
Republic
Respondent
Ruling
RULING ON REVISION 1. The Applicant Bernard Kibet Too was charged with the two counts: -1Count 1- Attempted Murder Contrary to Section 220(a) of the Penal Code.The particulars were that on 9th May 2021 at Burigei Village Kedowa Location in Londiani Sub-County within Kericho County wilfully and unlawfully attempted to cause the death of Norah Chepkemoi by stabbing her on the Abdomen, ribcage and the back several times using a Kitchen Knife.2Count 2- Attempted suicide contrary to Section 226 as read with section 36 of the Penal Code.The Particulars were that on 9th May,2021 at Burigei Village Kedowa Location in Londiani Sub-County within Kericho County wilfully and unlawfully attempted to kill himself by stabbing his neck using a knife.
2. On 12th May,2021 he pleaded guilty to each offence and he was convicted on his own plea of guilty and sentenced to serve 5 years in prison for count one and discharged under Section 35(1) of the Penal Code for Count 2.
3. The Applicant has so far served about 1 year 10 months’ in prison. This file was placed before me for revision under the prison decongestion exercise ,
4. The sentence Review Report by Julia Isomi filed in this Court on 16th March, 2023 indicates that the Applicant’s family is willing to welcome him home while the Victim relocated to unknown place. The prison officers describe the convict as a person of good character and state that he has been counselled accordingly. It is recommended that he is suitable for a non-custodial sentence.
5. In light of the above report and in order to decongest the prison, the Applicant should be placed on CSO for the remainder of sentence in the office of the Chief at Lengabei.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant present