Kibet v Republic [2025] KEHC 2553 (KLR)

Kibet v Republic (Criminal Revision E008 of 2025) [2025] KEHC 2553 (KLR) (31 January 2025) (Ruling)

Neutral citation: [2025] KEHC 2553 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E008 of 2025

WA Okwany, J

January 31, 2025

Between

Evans Mochumbe Kibet

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E282 of 2023 by Hon. B.M. Kimtai Senior Principal Magistrate on 9th May 2023. )

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of stealing stock contrary to Section 278 of the Penal Code. The trial court sentenced him to serve three (3) years’ imprisonment. The Applicant has served seventeen (17) months of his sentence and is remaining with six (6) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Ng’etich Nicholas Kibet recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at Mekene Chief’s Office under the supervision of the area Chief Mr. Yabesh Ayiera for the remainder of his sentence.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE