[2023] KEHC 22052 (KLR)
The court found that the applicant, convicted of assault causing actual bodily harm and having served about six months of a two-year sentence, demonstrated remorse and positive behavioral change. The Sentence Review Report recommended community service, and the prison authorities vouched for his release. In the...
Source-derived case information.
- Citation
- [2023] KEHC 22052 (KLR)
- Parties
- Applicant: Abel Shikote Asowa Alias Wangu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E076 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Prison sentence suspended; applicant to serve remainder of sentence as community service.
- Judges
- HM Nyaga
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Review, Prison Decongestion, Community Service Orders
- 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
Abel Shikote Asowa Alias Wangu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review and Prison Decongestion
Legal Issues
- 1 Whether the applicant's custodial sentence should be suspended and substituted with a community service order in light of the prison decongestion exercise.
- 2 Whether the applicant is a suitable candidate for a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, convicted of assault causing actual bodily harm and having served about six months of a two-year sentence, demonstrated remorse and positive behavioral change. The Sentence Review Report recommended community service, and the prison authorities vouched for his release. In the context of the ongoing prison decongestion exercise and the applicant's suitability for a non-custodial sentence, the court exercised its discretion to suspend the remaining custodial sentence and order that the applicant serve the balance through community service at Chandera Chief’s Camp.
Court Disposition
Prison sentence suspended; applicant to serve remainder of sentence as community service.
Orders
- The remainder of the applicant's sentence is to be served at Chandera Chief’s Camp as community service.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Asowa alias Wangu v Republic (Revision Case E076 of 2023) [2023] KEHC 22052 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22052 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E076 of 2023
HM Nyaga, J
August 22, 2023
Between
Abel Shikote Asowa Alias Wangu
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.
2. The Applicant, Abel Shikote Asowa was convicted for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Codeand sentenced to serve 2 years’ imprisonment on March 16, 2023.
3. He has so far served about 6 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Douglas Mwiraria, recommends Community Service at Chandera Chief’s Camp for the remainder of his sentence.
5. The report further states that the convict, upon release from prison, plans to go back and live with his wife who will provide food, shelter and clothing for him till he becomes stable and finds a job
6. The report states that the convict did not undergo any formal training while in prison; has received counselling geared towards general behavioural chance and the prison authorities vouched for his release stating that he has portrayed a positive change. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and suspend the prison sentence and order that the convict serve the remainder of the sentence at Chandera Chief’s Camp.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22NDAUGUST, 2023. H. M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant