Langat v Republic [2024] KEHC 3889 (KLR)

Langat v Republic (Revision Case E150 of 2024) [2024] KEHC 3889 (KLR) (23 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3889 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E150 of 2024

HM Nyaga, J

April 23, 2024

Between

Haron Kipkurui Langat

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 was charged with the offence of:Count IHouse breaking Contrary to Section 304(1) (b) and Stealing Contrary to Section 279(b) of the Penal Code.The particulars are that;On the 9th day of October 2023 at Kimasian in Londiani Sub County in Kericho County, broke and entered the building used as a dwelling house by Weldon Keter and Stole (20) tins, 40kgs of beans valued at Kshs. 8,000/= the property of Weldon Keter.

3. He pleaded guilty and he was sentenced to;Pay a fine of Kshs. 20,000/= in default six months imprisonment.

4. The Applicant has served a substantial part of this sentence.

5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Linga Primary School.

6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Linga Primary School for three (3) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RD DAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state