[2013] KEHC 1258 (KLR)
The court found that, considering the gravity of the offence of breaking into a building and committing a felony, the applicants were not suitable for a community service order. The trial court's sentence of a fine of Kshs. 20,000 or, in default, three years imprisonment was appropriate and proportionate to the...
Source-derived case information.
- Citation
- [2013] KEHC 1258 (KLR)
- Parties
- Applicant: Vincent Kipyegon Langat; Applicant: Gilbert Kiprono Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 255 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Sentencing, Revision of Sentence, Breaking and Entering, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Vincent Kipyegon Langat
Applicant
Gilbert Kiprono Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate given the gravity of the offence.
- 2 Whether the applicants were suitable candidates for a community service order.
Ratio Decidendi
The court found that, considering the gravity of the offence of breaking into a building and committing a felony, the applicants were not suitable for a community service order. The trial court's sentence of a fine of Kshs. 20,000 or, in default, three years imprisonment was appropriate and proportionate to the offence. The court therefore upheld the sentence imposed by the trial court, declining to interfere with the conviction or sentence on revision.
Court Disposition
application for revision dismissed; sentence upheld
Orders
- The sentence by the honourable trial court is upheld.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 255 OF 2013
(Being A Revision in the Conviction and Sentence on 21. 12. 2012 by the Honourable Senior Resident Magistrate, J.Kasam at Sotik in Criminal .Case No.1917of 2012)
VINCENT KIPYEGON LANGAT......................1ST APPLICANT
GILBERT KIPRONO LANGAT........................2ND APPLICANT
-VERSUS-
REPUBLIC...........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicants Vincent Kipyegon Langat and Gilbert Kiprono Langat were each sentenced to pay a fine of Kshs. 20,000 or in default 3 years imprisonment effective 21/12/2012. They have each served 10 months imprisonment as convicted for the offence of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code.
The Court has considered the gravity of the offence and finds that the applicants are not suitable for community service order. The sentence by the honourable trial court is upheld.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE