Cheruiyot v Republic [2024] KEHC 4159 (KLR)

Cheruiyot v Republic (Revision Case E141 of 2024) [2024] KEHC 4159 (KLR) (9 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4159 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E141 of 2024

HM Nyaga, J

April 9, 2024

Between

Kelvin 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:Assault causing actual bodily harm Contrary to Section 251 of the Penal Code.The particulars are that;On the 5th day of November 2023 at Chemare Village in Kuresoi North Sub County within Nakuru County assaulted Gladys Cheruiyot causing actual bodily harm to her.

3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 50,000/- in default to 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 Kiptororo Chief’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 Kiptotoro Chiefs Office for three (3) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 9THDAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state