[2024] KEHC 6334 (KLR)
The court found that the applicant, having served one year and three months of a two-year sentence for stealing, demonstrated remorse and rehabilitation as evidenced by the probation report and participation in prison programs. The Chief Justice's memo on decongestion allows for consideration of non-custodial...
Source-derived case information.
- Citation
- [2024] KEHC 6334 (KLR)
- Parties
- Applicant: Rosemary Isigi Atenya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 106 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence set aside; applicant released
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Non Custodial Sentences, Early Release, Prisoner Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosemary Isigi Atenya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant qualifies for early release under the Chief Justice's decongestion memo.
- 2 Whether the sentence served by the applicant is sufficient in the circumstances.
Ratio Decidendi
The court found that the applicant, having served one year and three months of a two-year sentence for stealing, demonstrated remorse and rehabilitation as evidenced by the probation report and participation in prison programs. The Chief Justice's memo on decongestion allows for consideration of non-custodial sentences for inmates with three years or less remaining. The court determined that the time already served was sufficient punishment and that the applicant was eligible for early release. Accordingly, the original custodial sentence was set aside and substituted with an order that the sentence served was sufficient, resulting in the applicant's immediate release unless otherwise...
Court Disposition
sentence set aside; applicant released
Orders
- The sentence of two years imprisonment is set aside and substituted with an order that the applicant has served a sufficient sentence.
- The applicant shall forthwith be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
Atenya v Republic (Criminal Revision 106 of 2023) [2024] KEHC 6334 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6334 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 106 of 2023
DR Kavedza, J
May 30, 2024
Between
Rosemary Isigi Atenya
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. The applicant was charged and after a full trial convicted for the offence of stealing contraty to section 268(1) as read with section 275 of the Penal Code. She was sentenced to serve two (2) years imprisonment.
3. The probation report availed in court indicates that the applicant has a balance of four months on her sentence. Additionally, the report indicates that the applicant is remorseful and prays that he be granted community service.
4. As for her conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.
5. In view of the foregoing, it is my finding that the applicant is eligible for early release as the report found in his favour. The applicant has been in custody for one year and 3 months. This, in my view, is sufficient sentence served by the applicant.
6. I therefore set aside the sentence of two (2) years imprisonment and substitute it with an order that the applicant has served a sufficient sentence.
7. Consequently, the applicant shall forthwith be set at liberty unless otherwise lawfully held.
It is so ordered.
RULING DELIVERED VIRTUALLY THIS DAY 30TH DAY OF MAY 2024. _________________D. KAVEDZAJUDGE