Chepkwony v Republic [2024] KEHC 2766 (KLR)

Chepkwony v Republic (Revision Case E073 of 2024) [2024] KEHC 2766 (KLR) (15 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2766 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E073 of 2024

HM Nyaga, J

March 15, 2024

Between

Isaac Kipngetich Chepkwony

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.

2. The Applicant was charged with the offence of:Preparation to commit a felony Contrary to Section 3(b) of the Penal Code.The particulars are that;On the 4th day of December 2023 at 2350 hours at Marigu Village Solai, in Rongai Sub-County within Nakuru County, not being at their places of abode, had with them an article for use in the course of or in connection with stealing dried maize grains.

3. He pleaded guilty and he was sentenced to pay serve one (1) year in jail.

4. The Applicant has served a substantial part of this sentence.

5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Solai County Commissioner’s Office.

6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Solai County Commissioner’s Office for Two (2) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state