[2024] KEHC 2903 (KLR)
The court found that the applicant, convicted of malicious damage to property and sentenced to 12 months imprisonment, had served a substantial portion of his sentence. The Probation Officer's Sentence Review Report recommended the applicant as suitable for community service. In the interest of decongesting the...
Source-derived case information.
- Citation
- [2024] KEHC 2903 (KLR)
- Parties
- Applicant: Festus Aluda Achagulwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E068 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Malicious Damage to Property, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Festus Aluda Achagulwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under community service.
Ratio Decidendi
The court found that the applicant, convicted of malicious damage to property and sentenced to 12 months imprisonment, had served a substantial portion of his sentence. The Probation Officer's Sentence Review Report recommended the applicant as suitable for community service. In the interest of decongesting the prison and considering the non-serious nature of the offence, the court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a community service order at Egerton Chief’s Camp for five months. The court held that the interests of justice and rehabilitation would be better served by a non-custodial sentence in this instance.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of his sentence under community service at Egerton Chief’s Camp for five months.
Full Case Text
Judgment text and source record
22 paragraphs
Achagulwa v Republic (Revision Case E068 of 2024) [2024] KEHC 2903 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2903 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E068 of 2024
HM Nyaga, J
March 20, 2024
Between
Festus Aluda Achagulwa
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 offence of:Malicious damage to property Contrary to Section 339 (1) of the Penal Code.The particulars are that;On diverse dates between 21st November 2023 to 23rd day of November 2023 at Belbur area in Njoro Sub County within Nakuru County, wilfully and unlawfully damaged five window panes, window grills and one steel door all valued at Kshs. 5,000/=, the property of Mary Waithera Rono.
3. He pleaded guilty and he was sentenced to serve twelve (12) months imprisonment.
4. The Applicant has served a substantial part of this sentence.
5. 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 Egerton Chief’s Camp.
6. 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 Egerton Chief’s Camp for five (5) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 20THDAY OF MARCH, 2024. ......................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state