Weldon Kirui v Republic [2013] KEHC 1248 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

REVISION NO. 280 OF 2013

(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 25. 07. 2013 BY THE HONOURABLE SENIOR RESIDENT MAGISTRATE, J. KASAM AT SOTIK IN TR.CASE NaO.339 OF 2013)

WELDON KIRUI.....................................APPLICANT

-VERSUS-

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

(BEFORE HON. JUSTICE BYRAMONGAYA ON FRIDAY 18th October, 2013)

Ruling On Revision

This is the ruling on revision under Sections 362 and 364 of the Criminal Procedure Code Cap 75 and Section 8 (2) of the Community Service Orders Act, 1998.

I have considered the report by the probation officer.  The applicant has already served 2 months and 18 days imprisonment.  He is a minor and is remorseful.  I consider he should proceed with school.

In the circumstances the sentence by the Honourable trial court is altered and the applicant is discharged forthwith and will report to school on Tuesday 22/10/2013 for learning and guidance under the supervision of Mr. Joel Koros, headteacher, Sugutek Primary School.

Signed, datedanddeliveredin courtatKerichothisFriday, 18th October, 2013.

BYRAM ONGAYA

JUDGE