[2020] KEHC 2038 (KLR)
The court found that the applicant's serious medical condition (type II diabetes requiring daily insulin), supported by medical documentation from Kitale County Hospital and the Prison Clinic, together with his good conduct and the fact that he had served close to three years of his seven-year sentence, justified...
Source-derived case information.
- Citation
- [2020] KEHC 2038 (KLR)
- Parties
- Applicant: Alexander Wanyaga Were; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 40 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Release on Medical Grounds and Probation
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Release on Medical Grounds, Probation Orders, Sentence Variation, Prisoner Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Wanyaga Were
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Release on Medical Grounds and Probation
Legal Issues
- 1 Whether the applicant should be released from prison on medical grounds and allowed to serve the remainder of his sentence under probation.
- 2 Whether the applicant's conduct and time served justify the grant of the orders sought.
Ratio Decidendi
The court found that the applicant's serious medical condition (type II diabetes requiring daily insulin), supported by medical documentation from Kitale County Hospital and the Prison Clinic, together with his good conduct and the fact that he had served close to three years of his seven-year sentence, justified granting the application. The court exercised its discretion to allow the applicant to be released from prison and serve the remainder of his sentence under probation for one year, balancing the interests of justice, the applicant's health, and his demonstrated rehabilitation.
Court Disposition
application allowed
Orders
- The applicant is set free unless lawfully held for any other reason.
- The applicant shall serve a probation period of one year under the relevant probation officer.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISCELLENEOUS CRIMINAL APPLICATION NO. 40 OF 2019
ALEXANDER WANYAGA WERE..................................APPLICANT
VERSES
REPUBLIC...................................................................RESPONDENT
RULING
1. The Applicant herein was convicted of murder and after full trial was sentence to 7 years’ imprisonment. Through his application dated 11th February 2019 he has prayed that he be released on medical grounds and be allowed to serve the rest of the sentence under probation. He said that he has been unwell and he has attached medical documents to exhibit the same.
2. According to the medical documents including the letter from the Medical Officer Kitale County hospital the Applicant is suffering from type II diabetes and survives on insulin daily. The letter from the Prison Clinic attached to it states as much.
3. When the matter came up for hearing the learned state counsel did not oppose the same arguing that the applicant has served substantial part of his 7-year sentence.
4. The other documents in support are from prisons authorities showing that the Applicant who was a teacher has continued with the trade while in prison.
5. For the above medical condition of the Applicant as well as the fact that he has behaved well in prison and that he has served close to three years in prison, this court finds the application meritorious.
6. The application is hereby allowed; the Applicant is hereby set free unless lawfully held. The Applicant shall however serve a Probation period of one year under the relevant probation officer.
Dated, Signed and Delivered at Kitale this 15th day of October 2020.
_________________
H. K. CHEMITEI
JUDGE
15/10/2020
In the presence of;-
Mr Omooria for Respondent
Court Assistant – Kirong
Applicant – present
Ruling read in open court.