Sang v Republic [2023] KEHC 23824 (KLR)

Sang v Republic (Criminal Revision E0108 of 2023) [2023] KEHC 23824 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23824 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Revision E0108 of 2023

JK Sergon, J

October 19, 2023

Between

Gilbert Kiprotich Arap Sang

Applicant

and

Republic

Respondent

Ruling

1. Gilbert Kiprotich Arap Sang, hereinafter referred to as the Applicant was convicted on his own plea of guilty to the offence of threatening to kill contrary to Section 223(1) of the Penal Code on Count 1. The Applicant was also convicted of the offence of Malicious Damage to Property contrary to section 339(1) of the Penal code in count 2 after undergoing a full hearing.

2. On September 14, 2020, Hon E W Karani, the then Learned Resident Magistrate sentenced the Applicant to serve two (2) years imprisonment on Count I. On the other hand, with regard to count II, the Applicant was sentenced to serve four (4) years imprisonment on June 28, 2021. By the time the Applicant was sentenced to 4 years imprisonment in Count II, t Applicant had already served 1 year term in Count I. The Applicant is serving the remainder of the sentence in Count I concurrently with the sentence meted out in Count II of four (4) years as from June 28, 2021.

3. The Proceedings relating to the aforesaid case, that is Kericho CMCR Case No 1474 of 2020 –Republic-vs-Gilbert Kiprotich Arap Sang 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 July 19, 2023. In the said report it was noted that the applicant had learnt from his actions and had reached out to his family members who had already forgiven him and that the said Applicant was willing to adhere to all non-custodial sentence provision. The prison authorities stated that the Applicant had not been associated with indiscipline cases neither was he associated with being in possession of contraband or fights with other inmates and was attached on farm work which had enabled him to gain relevant skills and knowledge to use at home. The Applicant’s family was willing to welcome him home and assist him to settle and live comfortably. The probation officer therefore recommended that the applicant completes the remaining term of her sentence on Community Service Order (CSO).

5. The Applicant has so far served two (2) years three (3) months and is remaining with one (1) year seven (7) months to complete his sentence.

6. Having considered the fact that the sentence review report is favourable, I hereby order that the Applicant be set free from Prison and to serve the remainder of his sentence of one (1) year seven (7) months under Community Service Order (CSO) at Kerego Primary School under the supervision of the Assistant Chief, Tayuet Sub-Location in conjunction with HeadMaster, Kerego Primary School.

DATED, SIGNED AND DELIVERED THIS19TH DAY OF OCTOBER, 2023. ……………………J.K. SERGONJUDGE