[2023] KEHC 22020 (KLR)
The court found that the applicant, having served about three months of his sentence for preparation to commit a felony, demonstrated remorse and positive behavioural change as confirmed by the prison authorities and the Community Service Officer. The Sentence Review Report recommended community service, and the...
Source-derived case information.
- Citation
- [2023] KEHC 22020 (KLR)
- Parties
- Applicant: Erick Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E062 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Sentence revised from imprisonment to community service.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Bett
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence under the prison decongestion exercise.
- 2 Whether the applicant is suitable for community service based on the sentence review report.
Ratio Decidendi
The court found that the applicant, having served about three months of his sentence for preparation to commit a felony, demonstrated remorse and positive behavioural change as confirmed by the prison authorities and the Community Service Officer. The Sentence Review Report recommended community service, and the applicant's plans for reintegration into society were credible. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to revise the sentence from imprisonment to community service at Mutukanio Primary School for the remainder of the sentence.
Court Disposition
Sentence revised from imprisonment to community service.
Orders
- The applicant is released from prison and shall serve the remainder of his sentence under community service at Mutukanio Primary School.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Bett v Republic (Revision Case E062 of 2023) [2023] KEHC 22020 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22020 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E062 of 2023
HM Nyaga, J
August 22, 2023
Between
Erick Bett
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, Erick Bett was convicted for the offence of preparation to commit a felony contrary to section 308 (2) of the Penal Codeand sentenced to pay a fine Kshs 30,000/= and in default to serve 1-year imprisonment on June 7, 2023.
3. He has so far served about 3 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Antony Kihato recommends Community Service at Mutukanio Primary School 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. He intends to go back to boda boda industry where he was a ride prior to his arrest and incarceration.
6. The report states that the convict did not undergo any formal training while in prison but 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 order that the convict be released from prison and that he serves the remainder of the sentence under community service at Mutukanio Primary School.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H. M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant