[2013] KEHC 1270 (KLR)
The court found that the applicant's persistent attitude to break the law, evidenced by his conviction for burglary, stealing, and an additional conviction for escaping from lawful custody, rendered him unsuitable for a community service order. The court exercised its discretion to uphold the sentences imposed by...
Source-derived case information.
- Citation
- [2013] KEHC 1270 (KLR)
- Parties
- Applicant: Wesley Kipkirui Ngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 182 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for community service order declined; original sentences upheld
- Judges
- B Ongaya
- Legal Topics
- Burglary, Stealing, Sentencing, Escape From Lawful Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesley Kipkirui Ngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is suitable for a community service order given his conviction and conduct.
- 2 Whether the sentences imposed by the trial court should be upheld or revised.
Ratio Decidendi
The court found that the applicant's persistent attitude to break the law, evidenced by his conviction for burglary, stealing, and an additional conviction for escaping from lawful custody, rendered him unsuitable for a community service order. The court exercised its discretion to uphold the sentences imposed by the trial court, emphasizing that community service orders are not appropriate for offenders who have demonstrated a continued disregard for the law and have attempted to escape from lawful custody. Accordingly, the application for a community service order was declined and the original sentences were affirmed.
Court Disposition
application for community service order declined; original sentences upheld
Orders
- The sentences imposed by the trial court are upheld.
- The application for a community service order is declined.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 182 OF 2013
(Being A Revision in the Conviction and Sentence on 9. 05. 2012 by the Honourable Ag.Senior Resident Magistrate,V.Karanja at Sotik in Criminal Case No. 336 of 2012)
WESLEY KIPKIRUI NGETICH.............................APPLICANT
-VERSUS-
REPUBLIC.......................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant was convicted of the offences of burglary contrary to Section 304 (2) and stealing contrary to Section 279 (b) of the Penal Code. He was sentenced to 2 years 6 months imprisonment. He has served for 17 months imprisonment. The initial imprisonment was 2 years and while in prison he attempted to escape and thereby attracted a further sentence of 6 months following conviction for the offence of escaping from lawful custody contrary to Section 123 and 36 of the Penal Code.
I have considered the applicant's persistent attitude to break the law and find that he is currently not suitable for community service order. The sentences by the Honourable trial court are upheld and the application for community service order declined.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE