Kerich v Republic [2024] KEHC 14667 (KLR)

Kerich v Republic (Criminal Revision E508 of 2024) [2024] KEHC 14667 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14667 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E508 of 2024

PN Gichohi, J

November 25, 2024

Between

Denis Kipngetich Kerich

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 (Denis Kipngetich Kerich) was charged in Molo MCCR E1451 of 2024 with the offence of;

Count I House Breaking Contrary to Section 306 (g) and Stealing contrary to Section 275 of the Penal Code. 3. The particulars are that on the 13th Day of July, 2024 at Mau Village, Kamara Location in Kuresoi North Sub County within Nakuru County, broke and entered into a building used as a dwelling house by one Nelson Nyarangi.

Count II Stealing to Contrary to Section 275 of the Penal Code. 4. The particulars are that on the 13th Day of July, 2024 at Mau Village, Kamara Location in Kuresoi North Sub County within Nakuru County, you stole one woofer make Homestar value at Ksh.3,500/= the propert of Nelson Nyarangi.

5. In the Alternative Charge, he charged with Handling stolen goods contrary to Section 332(1)(2) of the Penal Code.

6. He pleaded guilty and was sentenced to pay fine of Ksh.30,000/= in default one (1) year imprisonment.

7. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 has now confirmed that the Applicant is not suitable for a non- custodial sentence since the home environment is still hostile.

8. In the circumstances this is not a suitable case for revision. Applicant to serve his prison sentence.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 25TH DAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant