[2024] KEHC 10873 (KLR)
The court found that although the applicant had served a significant portion of his sentence and demonstrated receptiveness to rehabilitation, the lack of social support and a fixed abode rendered him unsuitable for a non-custodial sentence. The probation report's negative recommendation was decisive. The court held...
Source-derived case information.
- Citation
- [2024] KEHC 10873 (KLR)
- Parties
- Applicant: Evans Oketch Alukwe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 219 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
- Outcome
- application for non-custodial sentence declined; applicant to serve sentence to completion
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing, Non Custodial Sentences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Evans Oketch Alukwe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
Legal Issues
- 1 Whether the applicant qualifies for consideration of a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's lack of social support and fixed abode affects suitability for non-custodial sentence.
Ratio Decidendi
The court found that although the applicant had served a significant portion of his sentence and demonstrated receptiveness to rehabilitation, the lack of social support and a fixed abode rendered him unsuitable for a non-custodial sentence. The probation report's negative recommendation was decisive. The court held that supervision would be impractical under these circumstances, and therefore, the applicant did not meet the criteria for release under the decongestion exercise. The application for a non-custodial sentence was declined, and the applicant was ordered to serve the remainder of his sentence to completion.
Court Disposition
application for non-custodial sentence declined; applicant to serve sentence to completion
Orders
- The application for a non-custodial sentence is declined.
- The applicant shall serve his sentence to completion.
Full Case Text
Judgment text and source record
21 paragraphs
Alukwe v Republic (Criminal Revision 219 of 2024) [2024] KEHC 10873 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10873 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 219 of 2024
DR Kavedza, J
September 17, 2024
Between
Evans Oketch Alukwe
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that applicant was convicted by the trial court for the offence of robbery with violence contrary to section 295 as read with 296(2) of the Penal Code. He was sentenced to serve seven years imprisonment.
3. According to the Prison Conduct Report dated 15th August 2024, the applicant has served two years and six months of his sentence, with two years and three months remaining, after accounting for a remission period of two years and four months.
4. A probation report was also filed with respect to the applicant. According to the said report, the inmate has been receptive to rehabilitation while in prison and he is remorseful about committing the offence. However, the inmate has not been in contact with his family and lacks a fixed abode. According the report, such lack of social support and a fixed abode will make supervision under non-custodial sentence difficult. The report concluded that the applicant is not suitable for a non-custodial sentence and that he should serve his sentence to completion.
5. In line with the findings in the above report, it is my view that the applicant is not suitable to serve a non-custodial sentence. I therefore decline to release him under the decongestion exercise. The applicant shall serve his sentence to completion.
6. Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE