Cheruiyot v Republic [2024] KEHC 2904 (KLR)

Cheruiyot v Republic (Revision Case E066 of 2024) [2024] KEHC 2904 (KLR) (20 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2904 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E066 of 2024

HM Nyaga, J

March 20, 2024

Between

Charles Kipkoech Cheruiyot

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:Stealing farm produce Contrary to Section 8(1) of the Stock and Produce Act Cap 355 Laws of Kenya.The particulars are that;On the 9th day of August 2023 at Githigio area in Rongai Sub County, within Nakuru County, jointly with another not before court stole fifty three pieces of green unshelled maize and thirty three bales of boma Rhodes grass all valued at Kshs. 14,490/= the property of Peris Adema Ilenji

3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 52,000/- in default to serve twelve (12) months imprisonment.

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 Salgaa Police Station.

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 Salgaa Police Station for one (1) month.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 20TH DAY OF MARCH, 2024. ­­­­­­­­­­­­­­­­­­­­­......................................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state