Vincent Kipyegon Langat & Gilbert Kiprono Langat v Republic [2013] KEHC 1258 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

REVISION NO. 255 OF 2013

(Being A Revision in the Conviction and Sentence on 21. 12. 2012 by the Honourable  Senior Resident Magistrate, J.Kasam  at Sotik in Criminal .Case No.1917of 2012)

VINCENT KIPYEGON LANGAT......................1ST APPLICANT

GILBERT KIPRONO LANGAT........................2ND APPLICANT

-VERSUS-

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

(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)

RULING ON REVISION

The applicants Vincent Kipyegon Langat and Gilbert Kiprono Langat were each sentenced to pay a fine of Kshs. 20,000 or in default 3 years imprisonment effective 21/12/2012.  They have each served 10 months imprisonment as convicted for the offence of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code.

The Court has considered the gravity of the offence and finds that the applicants are not suitable for community service order.  The sentence by the honourable trial court is upheld.

Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.

BYRAM ONGAYA

JUDGE