Ngetich v Republic [2023] KEHC 23813 (KLR)

Ngetich v Republic (Criminal Revision E049 of 2023) [2023] KEHC 23813 (KLR) (17 October 2023) (Revision)

Neutral citation: [2023] KEHC 23813 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Revision E049 of 2023

JK Sergon, J

October 17, 2023

Between

Erick Kipkoech Ngetich

Applicant

and

Republic

Respondent

Revision

1. Erick Kipkoech Ngetich, hereinafter referred to as the Applicant was convicted of the offence of threatening to kill contrary to section 223 (1) the Penal Code cap 63 Laws of Kenya.

2. On 9th February, 2023, Hon. E.W. Karani, the Learned Senior Resident Magistrate sentenced the Applicant to serve four (4) years imprisonment.

3. The proceedings relating to the aforesaid case, that is Kericho CMC Case No. E1060 of 2022 Republic-vs-Erick Kipkoech Ngetich were placed before this Court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.

4. The Probation Officer filed a sentence review report on 19th July, 2023. In the said report it was noted that the Applicant was remorseful for the offence and was committed to being a law abiding citizen. The family members were ready and willing to welcome him back and assist in his rehabilitation. The Area Chief was of the view that the home environment was favourable, however, the complainant is still bitter with him as he had issued death threats hence he is still fearful for her life. The Area Chief therefore left the matter for the courts discretion. The probation officer noted that the applicant has a fixed abode if released on CSO he will reside at Kaitui Location with his elderly father and his family.

5. The prison authorities stated that the applicant had reformed and that he has attained skills in office maintenance and record keeping. The probation officer noted that the complainant was still fearful for her life and therefore recommended that the court should exercise its discretion in the matter.

6. I have already stated the sentence pronounced by the Learned Senior Resident Magistrate. The Applicant has so far served eight (8) and a half months and is remaining with three (3) years and three (3) and a half months to complete his sentence.

7. I have considered the sentence review report. I have further perused the record and it is apparent that the inmate is not a first offender. He has on a previous occasion been convicted and sentenced to seven (7) years imprisonment for the offence of grievous harm.

8. I find that the inmate is not fit to benefit from the sentence review. I decline to interfere with the sentence imposed in exercise of this Court’s revisionary power. The inmate should serve his sentence in full in prison.

DATED, SIGNED AND DELIVERED THIS 17TH DAY OF OCTOBER, 2023. ................J.K. SERGONJUDGE