Case Metadata |
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| Case Number: | Criminal Appeal 191 of 2017 |
|---|---|
| Parties: | Gael Kiplagat Kibon v Republic |
| Date Delivered: | 05 Dec 2018 |
| Case Class: | Criminal |
| Court: | High Court at Kabarnet |
| Case Action: | Judgment |
| Judge(s): | Edward Muthoga Muriithi |
| Citation: | Gael Kiplagat Kibon v Republic [2018] eKLR |
| Advocates: | Ms. Macharia Assistant DPP for the Respondent |
| Case History: | [An appeal from the original conviction and sentence of criminal case no. 191 of 2017 in the Principal Magistrate’s court at Kabarnet delivered on the 20th day of March, 2017 by Hon. S.O Temu PM] |
| Court Division: | Criminal |
| County: | Baringo |
| Advocates: | Ms. Macharia Assistant DPP for the Respondent |
| History Docket No: | criminal case no. 191 of 2017 |
| History Magistrate: | Hon. S.O Temu (PM) |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Appellant sentenced to serve community service for a period of three (3) months f |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
CRIMINAL APPEAL NO 191 OF 2017
GAEL KIPLAGAT KIBON.......................................................APPELLANT
VERSUS
REPUBLIC...............................................................................RESPONDENT
[An appeal from the original conviction and sentence of criminal case no. 191 of 2017 in the Principal Magistrate’s court at Kabarnet delivered on the 20th day of March, 2017 by Hon. S.O Temu PM]
JUDGMENT
1. The appellant herein was convicted and sentenced for the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code. The appellant/accused was convicted on his on plea of guilty and sentenced to serve imprisonment for a term of (4) years.
2. The appellant did not challenge the conviction but petitioned that he is remorseful and apologetic promising not to repeat the same.
3. The DPP while opposing the appeal urged the appellant should complete the sentence as a deterrent.
4. The court requested for a pre-sentence report noting that the appellant has only eight (8) months to complete his sentence.
5. Mr. Kiprono the Probation Officer gave recommendation on the 7th day of November, 2018 as follows:
“RECOMMENDATION
Given the appellants remorse and the strong family support system, the positive sentiments from the complainants, the local administration and the immediate neighbours, coupled with his willingness to pay back to the community for his wrongdoing; it is our opinion that his remaining period of custodial sentence may be reviewed and substituted with a Community Service Order (CSO) to be served at the office of the Chief Loboi location for a period this honourable court deems fit.
Kiprono M.K
Probation Officer
Baringo Sub-County
Date: 20/11/2018”
Orders
6. Having considered the matter, I find that the circumstances of the case are suitable for an order for Community Service Order under section 3 of the Community Service Order Act.
7. Accordingly, I sentence the appellant to serve community service at Loboi Chief’s Office for a period of three (3) months from today.
DATED AND DELIVERED THIS 5TH DAY OF DECEMBER 2018
EDWARD M. MURIITHI
JUDGE
Appearances:
Appellant in person
Ms. Macharia Assistant DPP for the Respondent
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