[2024] KEHC 10854 (KLR)
The court found that the applicant, convicted of defilement and serving a long sentence with a remaining term of about one year and two months, fell within the category eligible for consideration for non-custodial sentences under the Chief Justice's decongestion memo. The probation report was favourable, indicating...
Source-derived case information.
- Citation
- [2024] KEHC 10854 (KLR)
- Parties
- Applicant: Joseph Wambua Bahati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E040 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
- Outcome
- application allowed; applicant placed on probation for six months; file closed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing, Non Custodial Sentences, Probation, Sexual Offences, Rehabilitation, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wambua Bahati
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
Legal Issues
- 1 Whether the applicant qualifies for consideration for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and circumstances support release to probation supervision.
Ratio Decidendi
The court found that the applicant, convicted of defilement and serving a long sentence with a remaining term of about one year and two months, fell within the category eligible for consideration for non-custodial sentences under the Chief Justice's decongestion memo. The probation report was favourable, indicating the applicant's remorse, rehabilitation, and readiness for reintegration, with support from his family and community. There was no opposition from the respondent. The court concluded that the applicant could benefit from a non-custodial sentence and ordered his placement on probation for six months under supervision.
Court Disposition
application allowed; applicant placed on probation for six months; file closed
Orders
- The applicant is placed on probation for six months at Kibera Probation Station under the supervision of the Sub-county probation officer, Kibera.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Bahati v Republic (Miscellaneous Criminal Application E040 of 2024) [2024] KEHC 10854 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10854 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E040 of 2024
DR Kavedza, J
September 17, 2024
Between
Joseph Wambua Bahati
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 defilement contrary to section 8(1) as read with 8(4) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve fourteen years and eight months imprisonment.
3. A Probation Report was filed with respect to the Applicant, indicating that he is due for release on 3/12/2025, which is about one year and two months, from the date of this ruling.
4. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. He has expressed remorse and regret for his criminal life, and recognises the harm caused by his actions. The Applicant’s family and community are also ready to facilitate his progressive reintegration upon release.
5. The findings in the probation report are in favour of the applicant and I accordingly find that he can benefit from a non-custodial sentence.
6. I therefore order that the applicant be placed on probation for six (6) months at Kibera Probation Station, under the supervision of the Sub-county probation officer, Kibera.
7. File closed.Orders accordingly.
RULING DELIVERED VIRTUALLY THIS 17THDAY OF SEPTEMBER 2024. ...........................D. KAVEDZAJUDGE