REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E210 OF 2024
KIPLAGAT KIPRUTO…….…….……………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E877 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. D. ODHIAMBO [S.R.M])
RULING
- The Applicant was charged and convicted on his plea of guilty for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code and sentenced to 4 years imprisonment on 4th April, 2024.
- A sentence review report dated 9th October, 2024 by Nafisi Abdalla indicated that the Applicant was remorseful and acknowledged his wrong doings, he had promised to be law abiding citizen hence forth. He regreted committing the offence and the Applicant was positive about a non – custodial sentence if granted to him so as he could establish his life and provide for his child. The officer recommended for a Community Service Order at Mombasa Probation office for a year.
- I have considered the Sentence Review Report I find that the Applicant has served sufficient punishment. I set aside the sentence by the trial court and substitute the same with a non-custodial sentence for a Community Service Order at Mombasa Probation office for a year.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …….…………DAY OF ………………………..…….., 2024
……………………………………………………..
HON. LADY JUSTICE W. M. KAGENDO
(JUDGE)
HIGH COURT OF KENYA AT MOMBASA
(CRIMINAL DIVISION)
In the presence of:
M/s. Bebora, Court Assistant;
……………Ms. Maina……………State Counsel;
………………………………………….…Applicant