Dennis Kipchumba Kiptum is a happy man after the High Court revised a three-year prison sentence imposed on him for stealing.
Kiptum was charged and convicted after pleading guilty to stealing a mobile phone valued at Sh67,999.
Following the confession, Kibera Chief Magistrates Court ordered that he serves the sentence.
He was however aggrieved and resulted to apply for a sentence revision, stating that the punishment was harsh and excessive.
The state did not oppose the application.
After reviewing the case, Kibera High Court Judge Diana Kavedza reviewed the file and noted that the offence carried a maximum sentence of 14 years in prison.
She also noted that Kiptum was given a lesser sentence.
Judge Kavedza however found the sentence to be harsh, saying the trial court ought to have considered that the man saved its time by pleading guilty in the first instance.
"He however pleaded guilty at the first instance and saved the court’s precious time of holding a full trial, and ought to have been considered favourably" she noted.
"The trial court did not seem to have done this. In that regard, I find that the sentence was manifestly harsh."
The judge went ahead and set the three-year jail term aside and substituted it with a Probation Order for three years.
She further ordered Kiptum to compensate his victim for the loss of the phone.
This is to be done through payments in instalments of 12 months.
