[2019] KEHC 3474 (KLR)
The court found that the petitioner had demonstrated significant rehabilitation during his nearly 17 years in custody, as evidenced by positive reports from the Prisons Authorities and the Presentence report. The victim's forgiveness and the community's readiness to accept the petitioner back further supported the...
Source-derived case information.
- Citation
- [2019] KEHC 3474 (KLR)
- Parties
- Appellant: Batholomew Kaugiria Nchebere; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 10 of 2018
- Procedural Posture
- Criminal Petition / Sentencing
- Outcome
- Petition allowed; petitioner sentenced to period already served and ordered released unless otherwise lawfully held.
- Judges
- A Mabeya
- Legal Topics
- Sentencing Principles, Mitigation, Rehabilitation, Custodial Sentence, Release on Served Term
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Batholomew Kaugiria Nchebere
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Sentencing
Legal Issues
- 1 Whether the petitioner should be granted a sentence reduction based on time already served and positive rehabilitation.
- 2 Whether the petitioner's mitigation and the victim's forgiveness warrant release.
Ratio Decidendi
The court found that the petitioner had demonstrated significant rehabilitation during his nearly 17 years in custody, as evidenced by positive reports from the Prisons Authorities and the Presentence report. The victim's forgiveness and the community's readiness to accept the petitioner back further supported the case for leniency. Considering these factors, the court determined that the interests of justice would be served by sentencing the petitioner to the period already served, thereby granting him an opportunity for reintegration into society.
Court Disposition
Petition allowed; petitioner sentenced to period already served and ordered released unless otherwise lawfully held.
Orders
- The petitioner is sentenced to the period already served.
- The petitioner shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
PETITION NO 10 OF 2018
BATHOLOMEW KAUGIRIA NCHEBERE........ACUSED
VERSUS
REPUBLIC........................................................................DPP
S E N T E N C I N G
1. I have considered the mitigation by the petitioner. That he has now changed.
2. I have noted that he has been in custody for nearly 17 years.
3. I have seen the recommendation from the Prisons Authorities dated 12/4/2019.
4. I have in particular considered the Presentence report dated 15/7/2019 which is positive of the petitioner. In particular, the victim has indicated his forgiveness of the petitioner and that the community is ready to receive him back notwithstanding the seriousness of the offence.
5. In view of the foregoing, I will grant the petitioner a second chance to re-integrate with the society.
6. I accordingly sentence the petitioner to the period he has already served.
7. He may be set forth at liberty unless otherwise lawfully held.
A. MABEYA
JUDGE
17/10/19