Kimutai v Republic (Criminal Revision E158 of 2024) [2024] KEHC 16513 (KLR) (2 December 2024) (Ruling) Neutral citation: [2024] KEHC 16513 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E158 OF 2024 RE ABURILI, J DECEMBER 2, 2024 BETWEEN HILLARY KIMUTAI ................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Case No. E382 of 2023) RULING 1. On 8th January 2024 the convict Hillary Kimutai was sentenced to serve 2 years’ imprisonment for the ofience of stealing 20kg of Irish potatoes. He is said to be a habitual thief whose communal ties are loose and unsuitable for non-custodial sentence. 2. He pleaded guilty to the charge. He was non adherence to TB medication routine which was dangerous to other family members. He has been in prison for now 10 months. He cannot benefit from prison decongestion because is a previous convict in Tamu SPM Criminal Case No. 11 of 2020 where he was sentenced to serve 18 months’ imprisonment. 3. The convict shall complete his sentence in prison and complete TB treatment. 4. Signal to issue. File closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF DECEMBER, 2024. R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16513/eng@2024-12-02 1
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