Kiplangat v Republic [2023] KEHC 3415 (KLR)

Kiplangat v Republic (Revision Case E653 of 2022) [2023] KEHC 3415 (KLR) (27 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3415 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E653 of 2022

HM Nyaga, J

April 27, 2023

Between

Geoffrey Kiplangat

Applicant

and

Republic

Respondent

Ruling

1. The applicant, Geoffrey Kiplangat was convicted on his own plea of guilty for the offence of Burglary contrary to section 304(2) of the Penal Code.

2. On July 6, 2022 he was sentenced to serve 18 months’ imprisonment.

3. The Order before this court is for revision.

4. I note that the trial court did not seek for a social inquiry report before sentencing him. However, the sentence is lawful.

5. He is a first time offender and he has spent a considerable period in prison. If the sentence imposed was meant to teach him a lesson, I think that the time spent in custody so far is sufficient for that purpose.

6. I hereby exercise judicial discretion and with a view of decongesting the Prison, review the sentence and order a suspended sentence for the remainder of the prison term. I therefor order for the release of the convict Geoffrey Kiplangat from prison forthwith unless otherwise lawfully held.

7. File Closed.

DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMurunga for stateApplicant present