[2024] KEHC 1132 (KLR)

Parties

Procedural Posture

Miscellaneous Criminal Application / Sentence Review Order

Legal Issues

1. 1 Whether the applicant's sentence should be reviewed and substituted with a probation order.
2. 2 What conditions should attach to the applicant's supervision under probation.

Ratio Decidendi

The court found the Sentence Review Report to be favorable and determined that the applicant was a suitable candidate for probation supervision. The court exercised its discretion to substitute the remainder of the applicant's custodial sentence with a one-year probation order. The applicant is required to serve the remainder of his sentence under the supervision of a Probation Officer, attend the Assistant Chief’s baraza within Marikebuni Sub-location at least once a month to sensitize the public on sexual and gender-based violence, and share his experience. These engagements are to be documented and verified by the Assistant Chief and reported to the court by the Probation Officer at...

Court Disposition

Application for sentence review allowed; custodial sentence substituted with probation supervision for one year with specific conditions.

Orders

• The applicant will serve the remainder of his sentence of one year under supervision of a Probation Officer.
• During the period of supervision, the applicant will attend the Assistant Chief’s baraza within Marikebuni Sub-location and sensitize members of the public at least once every month on the vice of sexual and gender-based violence and share his experience.