Lolel v Republic [2024] KEHC 14691 (KLR)

Lolel v Republic (Criminal Revision E529 of 2024) [2024] KEHC 14691 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14691 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E529 of 2024

PN Gichohi, J

November 25, 2024

Between

Lospan Lolel

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 (Lospan Lolel) was charged in Molo MCCR E099 of 2024 with the offence of Threatening to kill, Contrary to Section 223(1) of the Penal Code.

3. The particulars are that on 9th Day of December, 2023 at around 2000 hours at Kiambiriria area, in Molo Sub County within Nakuru County, without lawful excuse threatened to kill your father one Lolel Long’ori by uttering the words, “nitakuua ama niue mtu mwingine kwa familia kama vile niliuwa yule mwingine.”

4. He pleaded not guilty and proceeded on trial where he was found guilty and was sentenced to serve three (3) years imprisonment.

5. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order to serve the reminder of his sentence at Muchorwi Chief’s Camp.

6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Muchorwi Chief’s Camp.

7. The terms will be explained to him.

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