[2023] KEHC 22070 (KLR)
The court found that the applicant had demonstrated remorse, maintained good conduct while in prison, and had strong family support. The Sentence Review Report recommended community service, and the prison authorities vouched for the applicant's release. In the context of the ongoing Prisons Decongestion Exercise,...
Source-derived case information.
- Citation
- [2023] KEHC 22070 (KLR)
- Parties
- Applicant: Shadrack Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E040 of 2023
- Procedural Posture
- Revision Application / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Sentence revised; applicant released from prison and placed on community service for the remainder of the sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Forest Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shadrack Bett
Applicant
Republic
Respondent
Procedural Posture
Revision Application / Ruling on Sentence Review and Prison Decongestion
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Prisons Decongestion Exercise.
- 2 Whether the applicant is suitable for community service in lieu of continued imprisonment.
Ratio Decidendi
The court found that the applicant had demonstrated remorse, maintained good conduct while in prison, and had strong family support. The Sentence Review Report recommended community service, and the prison authorities vouched for the applicant's release. In the context of the ongoing Prisons Decongestion Exercise, the court exercised its discretion to revise the sentence from imprisonment to community service, concluding that this would serve the interests of justice and rehabilitation without compromising public safety.
Court Disposition
Sentence revised; applicant released from prison and placed on community service for the remainder of the sentence.
Orders
- The applicant is released from prison forthwith.
- The applicant is to serve the remainder of his sentence on Community Service at Baringo Primary School under the supervision of the school’s duty officer.
Full Case Text
Judgment text and source record
22 paragraphs
Bett v Republic (Revision Case E040 of 2023) [2023] KEHC 22070 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22070 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E040 of 2023
HM Nyaga, J
August 22, 2023
Between
Shadrack Bett
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The applicant Shadrack Bett was convicted for the offence of Cutting and Felling in a State Forest and entering a State Forest ergo without authority contrary to section 64 (1) (a) as read with section 64 (2) of the Forest Conservation and Management Act Number 34 of 2016 and sentenced to pay Kshs. 10,000 and in default serve 6 months’ imprisonment on April 24, 2023.
3. He has so far served about 3 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Douglas Mwiraria recommends community service.
5. According to the said Report the convict is a husband and father to two children and prior to his arrest he was staying with his wife and children. His wife is willing to support him by providing him with his basic needs until he becomes independent again upon release. He also remains cordial with his family who equally believe he has learned his lesson and can be released. The prison officers state that the convict has been conducting himself well while in prison and has demonstrated a positive change. Hence, they also vouch for his release. The applicant is remorseful.
6. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and order the convict/applicant be released from prison forthwith and be placed on Community Service at Baringo Primary School for the remainder of his sentence under the supervision of the school’s duty officer.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22NDAUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant