Yvonne Chepngetich & Carolyne Chelangai v Republic [2013] KEHC 1385 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

Revision No. 216-217 Of 2013

(Being A Revision in the Conviction and Sentence on 12. 09. 2013 by the Honourable Ag. Senior Resident Magistrate, V.Karanja at Bomet in Criminal Case No. 873 of 2013)

YVONNE CHEPNGETICH............................1ST APPLICANT

CAROLYNE CHELANGAI...........................2ND APPLICANT

-VERSUS-

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

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

RULING ON REVISION

The Applicants Yvonne Chepngetich and Caroline Chellangat were jointly convicted of the offence of stealing contrary to Section 278 of the Penal Code Cap 63.  They were sentenced to 3 months imprisonment effective 12. 9.2012.  They have each served one month imprisonment.

The probation officer's report shows that they are each remorseful, they have resolved to improve and become law abiding citizens.  I have conidered that they are each a single mother with parental responsibility they are keen to discharge.

Accordingly, the trial court's sentence is altered and Yvonne Chepngetich shall perform community service for 30 days at the chief's office, Sigor location under the Chief and Caroline Chellangat shall perform community service at the Kabosoan dispensary for 30 days under the officer in charge of the dispensary.

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

BYRAM ONGAYA

JUDGE