Rotich v Republic [2024] KEHC 14666 (KLR)

Rotich v Republic (Criminal Revision E533 of 2024) [2024] KEHC 14666 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14666 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E533 of 2024

PN Gichohi, J

November 25, 2024

Between

Gilbert Kipkoech Rotich

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 (Gilbert Kipkoech Rotich) was charged in Molo MCCR E1357 of 2024 with the offence of stealing stock contrary to Section 278 of the Penal Code.

3. The particulars are that on the 27th day of June, 2024 at Kaber Village in Kuresoi South Sub County within Nakuru County, stole one sheep valued at Ksh.8,000/= the property of Aaron Mosonic.

4. In the alternative charge Handling stolen goods contrary to section 322(1)(2) of the Penal Code.

5. He pleaded guilty and was sentenced to pay a fine of Ksh.10,000/= in default One (1) year imprisonment.

6. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 has now confirmed that the Applicant is not suitable for a non- custodial sentence since the home environment is still hostile.

7. In the circumstances this is not a suitable case for revision. Applicant to serve his prison sentence.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court AssistantRULING NAKURU HIGH COURT CRIMINAL REVISION NO. E533 OF 2024 Page 1