[2013] KEHC 1385 (KLR)
The court found that the applicants, having served part of their custodial sentence and demonstrated genuine remorse, were suitable candidates for a non-custodial sentence. The fact that both applicants are single mothers with ongoing parental responsibilities was a significant factor in altering the sentence. The...
Source-derived case information.
- Citation
- [2013] KEHC 1385 (KLR)
- Parties
- Applicant: Yvonne Chepngetich; Applicant: Carolyne Chelangai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 216 & 217 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Custodial sentence revised to community service orders for both applicants.
- Judges
- B Ongaya
- Legal Topics
- Stealing Offence, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yvonne Chepngetich
Applicant
Carolyne Chelangai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence of imprisonment imposed on the applicants for the offence of stealing should be revised.
- 2 Whether the applicants are suitable for a non-custodial sentence given their personal circumstances.
Ratio Decidendi
The court found that the applicants, having served part of their custodial sentence and demonstrated genuine remorse, were suitable candidates for a non-custodial sentence. The fact that both applicants are single mothers with ongoing parental responsibilities was a significant factor in altering the sentence. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with community service orders, thereby balancing the interests of justice, rehabilitation, and the welfare of the applicants' children.
Court Disposition
Custodial sentence revised to community service orders for both applicants.
Orders
- Yvonne Chepngetich shall perform community service for 30 days at the chief's office, Sigor location under the Chief.
- Caroline Chellangat shall perform community service at the Kabosoan dispensary for 30 days under the officer in charge of the dispensary.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
Revision No. 216-217 Of 2013
(Being A Revision in the Conviction and Sentence on 12. 09. 2013 by the Honourable Ag. Senior Resident Magistrate, V.Karanja at Bomet in Criminal Case No. 873 of 2013)
YVONNE CHEPNGETICH............................1ST APPLICANT
CAROLYNE CHELANGAI...........................2ND APPLICANT
-VERSUS-
REPUBLIC.......................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The Applicants Yvonne Chepngetich and Caroline Chellangat were jointly convicted of the offence of stealing contrary to Section 278 of the Penal Code Cap 63. They were sentenced to 3 months imprisonment effective 12. 9.2012. They have each served one month imprisonment.
The probation officer's report shows that they are each remorseful, they have resolved to improve and become law abiding citizens. I have conidered that they are each a single mother with parental responsibility they are keen to discharge.
Accordingly, the trial court's sentence is altered and Yvonne Chepngetich shall perform community service for 30 days at the chief's office, Sigor location under the Chief and Caroline Chellangat shall perform community service at the Kabosoan dispensary for 30 days under the officer in charge of the dispensary.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE