Terer v Republic [2023] KEHC 23826 (KLR)

Terer v Republic (Criminal Revision E040 of 2023) [2023] KEHC 23826 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23826 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Revision E040 of 2023

JK Sergon, J

October 19, 2023

Between

Richard Kipkorir Terer

Applicant

and

Republic

Respondent

Ruling

1. Richard Kipkorir Terer, hereinafter referred to as the Applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act No. 3 of 2006.

2. On 8th April, 2022, Hon Aziza Ajwang, the then Learned Resident Magistrate sentenced the Applicant to serve 3 years imprisonment.

3. The Proceedings relating to the aforesaid case, that is Kericho CMC SO Case No 553 of 2023 Republic v Richard Kipkorir Terer 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, regretted having committed the offence and had learnt from his mistake never to repeat. The prison authorities stated that the applicant who was attached to the kitchen sector of the prison had not been associated with being in possession of contraband or fights with other inmates and was positive having shown character reform. The Applicant’s family was willing to welcome him back home. The probation officer therefore recommended that the applicant completes the remaining term of his sentence on Community Service Order (CSO).

5. The Applicant has so far served one (1) year and six (6) months and is remaining with one (1) year six (6) months to complete his sentence.

6. Having considered the fact that the sentence review report is favourable, I hereby order that the Applicant Namely:- Richard Kipkorir Terer be set free from prison to serve the remainder of his sentence i.e. one (1) year six (6) months under Community Service Order (CSO) at Sotik Primary School under the supervision of the Assistant Chief, Kapsimotwo Sub-Location and the Headmaster, Sotik Primary School.

DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. ................J.K. SERGONJUDGE