Jackson Kipkemoi Koech v Republic [2013] KEHC 1403 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

REVISION NO. 181 OF 2013

(Being A Revision in the Conviction and Sentence on 23. 08. 2011 by the Honourable Principal Magistrate, T.Okello at Bomet in Criminal Case No.61 of 2010)

JACKSON KIPKEMOI KOECH.........................APPLICANT

-VERSUS-

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

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

RULING ON REVISION

This is the Ruling on revision under Section 362 and 364 of the Criminal Procedure Code Cap 75 and Section 8(2) of the Community Service Orders Act, 1998.

I have perused the trial court's record.  The accused was convicted on 23/8/2011 for the offence of Attempted Robbery Contrary to Section 297 (1) of the Penal Code and sentenced to 18 months imprisonment effective 23/8/2011.  As per probation officer's report there is a mistaken impression that he was sentenced to serve two (2) years and 18 months imprisonment.

I have considered the remorsefulness of the applicant, the term served in prison and his improvement into a responsible citizen and order that he shall be discharged forthwith.

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

BYRAM ONGAYA

JUDGE