Charles Kimutai Ruto v Republic [2013] KEHC 1407 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

REVISION NO. 235 OF 2013

(Being A Revision in the Conviction and Sentence on 30. 12. 2011 by the Honourable Resident Magistrate, J.Kasam at Sotik in Criminal Case No.1361 of 2011)

CHARLES KIMUTAI RUTO......................APPLICANT

-VERSUS-

REPUBLIC................................................RESPONDENT

(Before Hon. Justice Byram Ongaya on     Friday 18th October, 2013)

RULING ON REVISION

The applicant Charles Kimutai Ruto was convicted and sentenced on 30/12/2011 on a charge of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code.

The report by the Probation Officer shows that the applicant has not kept any contacts with family members and it would be difficult to achieve the goals of a non-custodial sentence.

In the circumstances, the trial court's sentence is upheld and an order for community service is declined.

Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.

BYRAM ONGAYA

JUDGE