[2024] KEHC 12475 (KLR)
The court found that the applicant, having shown remorse and positive conduct in prison, and upon the recommendation of the Probation/Community Service Officer, qualifies for a revision of his custodial sentence. The court exercised its discretion to substitute the remaining prison term with a community service...
Source-derived case information.
- Citation
- [2024] KEHC 12475 (KLR)
- Parties
- Applicant: Evans Omulwa Achoke; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E074 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application allowed; sentence revised to community service order
- Judges
- JM Nang'ea
- Legal Topics
- Sentence Revision, Alcoholic Drinks Control, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Omulwa Achoke
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised under the Judiciary's Prison Decongestion Programme.
- 2 Whether the applicant qualifies for release to community service in lieu of imprisonment.
Ratio Decidendi
The court found that the applicant, having shown remorse and positive conduct in prison, and upon the recommendation of the Probation/Community Service Officer, qualifies for a revision of his custodial sentence. The court exercised its discretion to substitute the remaining prison term with a community service order at Nyango Dispensary for eight months, in line with the objectives of the Judiciary's Prison Decongestion Programme and the relevant statutory framework.
Court Disposition
application allowed; sentence revised to community service order
Orders
- The applicant is released from prison custody to perform community service at Nyango Dispensary for eight months.
- The Probation/Community Service Officer is to be informed accordingly.
Full Case Text
Judgment text and source record
19 paragraphs
Achoke v Republic (Criminal Revision E074 of 2024) [2024] KEHC 12475 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12475 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E074 of 2024
JM Nang'ea, J
October 15, 2024
Between
Evans Omulwa Achoke
Applicant
and
Republic
Respondent
Ruling
1. This court is urged to revise the Applicant’s sentence under the Judiciary’s Prison Decongestion Programme. The applicant was on 25/1/2024 convicted of two (2) counts to wit; manufacturing Alcoholic Drinks without a licence and being in possession of Alcoholic Drinks Contrary to stated provisions of the Alcoholic Drinks Control Act. He was sentenced to a fine of Kshs. 50,000/= in respect of the first count 1 in default of which he would serve out a period of 1 year imprisonment. Regarding the second count, the Applicant was fined Kshs. 20,000/= or serve out 1 year in prison. He failed to pay the fines.
2. The Applicant is said to be remorseful and engaging in income generating activities in prison. The Probation/Community Service Officer recommending that he be released to perform community service for his remainder of the prison term of eight (8) months at Nyango Dispensary.
3. The court accepts the recommendation and allows the offender’s application.
4. It is ordered that he be released from prison custody to perform community service at Nyango Dispensary for eight (8) months. The Probation/Community Service Officer be infomed accordingly.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF OCTOBER, 2024. J. M. NANG’EAJUDGE