Rosemary Chepngetich v Republic [2013] KEHC 1244 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

REVISION NO. 214 OF 2013

(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 12. 10. 2012 BY THE HONOURABLE AG.SENIOR RESIDENT MAGISTRATE, V.KARANJA AT BOMET IN CRIMINAL CASE NO. 253 OF 2012)

ROSEMARY CHEPNGETICH.......APPLICANT

-VERSUS-

REPUBLIC.................................RESPONDENT

(BEFORE HON. JUSTICE BYRAMONGAYA ON     FRIDAY 18TH OCTOBER, 2013)

RULING ON REVISION

The applicant Rosemary Chepngetich was convicted of the offence of stealing stock contrary to Section 278 of the Penal Code and sentenced to serve 2 years imprisonment effective 12/10/2012.  She has served one year imprisonment.  The report by the probation officer shows that the applicant was operating a syndicate of stealing and selling off cattle in her home area and in far flung areas culminating into the offence she was convicted and sentenced.

I have considered the gravity of the offence.  In the circumstances of the case, the trial court's sentence is upheld and the order for community service is declined.

Signed, datedanddeliveredin courtatKerichothisFriday, 18th October, 2013.

BYRAM ONGAYA

JUDGE