[2023] KEHC 22072 (KLR)
The court exercised its judicial discretion to revise the applicant's custodial sentence to a non-custodial probation sentence for the remaining period of 6 months. This decision was based on the applicant's status as a first-time offender, his remorse, the positive probation officer's report, and the ongoing prison...
Source-derived case information.
- Citation
- [2023] KEHC 22072 (KLR)
- Parties
- Applicant: Vincent Lukungu Alithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E161 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised to probation for the remaining period; applicant released from prison to serve probation.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Probation Orders, Prison Decongestion, First Time Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Lukungu Alithi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial probation sentence in light of the prison decongestion exercise.
- 2 Whether the circumstances of the applicant, including being a first-time offender and recommendations from the probation officer, justify sentence revision.
Ratio Decidendi
The court exercised its judicial discretion to revise the applicant's custodial sentence to a non-custodial probation sentence for the remaining period of 6 months. This decision was based on the applicant's status as a first-time offender, his remorse, the positive probation officer's report, and the ongoing prison decongestion initiative. The court found that the interests of justice would be served by allowing the applicant to serve the remainder of his sentence under probation, facilitating his reintegration into society and reducing prison congestion.
Court Disposition
Custodial sentence revised to probation for the remaining period; applicant released from prison to serve probation.
Orders
- The remainder of the prison sentence is revised to a probation sentence for 6 months.
- The applicant, Vincent Lukungu Alithi, is to be released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Alithi v Republic (Revision Case E161 of 2023) [2023] KEHC 22072 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22072 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E161 of 2023
HM Nyaga, J
August 22, 2023
Between
Vincent Lukungu Alithi
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the prisons decongestion exercise being undertaken by this court.
2. The applicant Vincent Lukungu Alithi aka Kungu was convicted for the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Codeand sentenced to serve 18 months’ imprisonment on January 24, 2023 He has so far served about 7 months in prison.
3. In the sentence review report filed on July 28, 2023 the probation officer, Kirugi Michael recommends probation sentence for the remaining period of 6 months.
4. According to the said report the convict had relocated from Kakamega to Nakuru 3 weeks prior to his arrest to live with his cousin Andrew. He states that his cousin habitually brought items home that he suspected to be stolen then changed residences when police started searching for him leaving the applicant innocently to take the blame. He is a casual worker and a first time offender. He intends to go back home to Kakamega upon his release. His family is ready and willing to accept him back. The Applicant has worked on his anger towards his cousin for making him serve a jail sentence on his behalf. He is remorseful and is willing to serve a non- custodial sentence.
5. In light of the above and with the view to decongest the prison I hereby exercise judicial discretion and revise the remainder of the prison sentence and order for the release of the convict, Vincent Lukungu Alithi, from prison. He is to serve a probation sentence for the remaining period of 6 months forthwith, unless otherwise lawfully held.
6. File closed.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant