Langat v Republic [2023] KEHC 23876 (KLR)

Langat v Republic (Criminal Revision E036 of 2023) [2023] KEHC 23876 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23876 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E036 of 2023

RE Aburili, J

October 6, 2023

Between

Geoffrey Kipkurui Langat

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E030 of 2022 at Tamu)

Ruling

1. The Convict Geoffrey Kipkurui Langat is serving a three (3) year prison term from February 28, 2022 for the offence of stealing stock vide Tamu SPM Criminal Case No. E030 of 2022. He pleaded guilty to the charge.

2. The filed HCR Revision No. E018 of 2022 which was declined on June 21, 2022.

3. The Sentence Review Report filed dated February 8, 2022 showed that the was a habitual thief and the community was not supportive of the non-custodial sentence. He was a convict in Criminal Case No. E396 of 2021 accused of stealing and he was sentenced to Community Service Order but before he could complete CSO, he committed stock theft and was arrested.

4. I find the convict not suitable for non-custodial sentence. He will serve full sentence as imposed by the trial court.

5. I so order.

6. Fil closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE