[2013] KEHC 1419 (KLR)
The court found that the applicant had already served 11 months imprisonment for the offence of grievous harm. The probation officer's report indicated that the applicant was remorseful and suitable for community service. In light of these circumstances, the court exercised its revisionary jurisdiction to alter the...
Source-derived case information.
- Citation
- [2013] KEHC 1419 (KLR)
- Parties
- Applicant: Wilson Kibet Tonui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 250 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; imprisonment substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Grievous Harm, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Kibet Tonui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the probation officer's report.
- 2 Whether the applicant is suitable for a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had already served 11 months imprisonment for the offence of grievous harm. The probation officer's report indicated that the applicant was remorseful and suitable for community service. In light of these circumstances, the court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a community service order. The applicant was ordered to serve 30 days of community service at the Cheborgei location Chief's office under the supervision of the Chief. The court considered the interests of justice, the applicant's remorse, and the suitability for a non-custodial sentence as sufficient grounds for revising the original sentence.
Court Disposition
sentence revised; imprisonment substituted with community service order
Orders
- The sentence of 11 months imprisonment is altered.
- The applicant shall serve 30 days community service at Cheborgei location Chief's office under the supervision of the Chief.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 250 OF 2013
(Being A Revision in the Conviction and Sentence on 28. 11. 2012 by the Honourable Senior Resident Magistrate, M.O.OKUCHE at Sotik in Criminal .Case No.1514 of 2012)
WILSON KIBET TONUI........................................APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Wilson Kibet Tonui was convicted and sentenced to 11 months imprisonment effective 28/11/2012 on account of committing offence of grievous harm contrary to Section 234 of the Penal Code. He has served 11 months imprisonment.
The report by the probation officer indicated that he is remorseful and he is suitable for community service.
In view of the report, the sentence by the honourable trial court is altered and the applicant shall serve the community for 30 days at the Cheborgei location Chief's office under the supervision of the Chief.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE