Benard Cheruiyot v Republic

Cheruiyot v Republic (Revision Case E056 of 2024) [2024] KEHC 2607 (KLR) (14 March 2024) (Ruling) Neutral citation: [2024] KEHC 2607 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU REVISION CASE E056 OF 2024 HM NYAGA, J MARCH 14, 2024 BETWEEN BENARD CHERUIYOT .......................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file has been brought up for revision in order to decongest the Nakuru GK Prison. 2. The Applicant was charged with the ofience of Stealing Contrary to Section 268 as read with Section 275 of the Penal Code. 3. The particulars are that; On the 12th day of December, 2023 at around 1500 hours at Mogoon Village in Nakuru West sub County within Nakuru County stole ten kilogrammes of maize valued at Kshs. 2000/= the property of Emilly Chelangat. 4. He pleaded guilty and he was sentenced to serve Six (6) months in jail. 5. The Applicant has served a substantial part of this sentence. 6. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Bahati Chiefs Camp. 7. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Bahati Chiefs Camp for Three (3) months. 8. The terms will be explained to him. DATED, SIGNED AND DELIVERED AT NAKURU THIS 14TH DAY OF MARCH, 2024. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/2607/eng@2024-03-14 1

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