[2023] KEHC 22121 (KLR)
The court found that the applicant had served part of her sentence, demonstrated remorse, and had the support of her family and community. The probation report was favourable, recommending community service. In the context of the ongoing prison decongestion exercise, and considering the applicant's circumstances and...
Source-derived case information.
- Citation
- [2023] KEHC 22121 (KLR)
- Parties
- Applicant: Mercy Chebet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E031 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Custodial sentence reviewed and substituted with community service order for the remainder of the sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Community Service Orders, Prison Decongestion, Forest Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Chebet
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review and Prison Decongestion
Legal Issues
- 1 Whether the applicant should be released from prison and placed on community service for the remainder of her sentence.
- 2 Whether the circumstances justify a non-custodial sentence in light of the prison decongestion exercise.
Ratio Decidendi
The court found that the applicant had served part of her sentence, demonstrated remorse, and had the support of her family and community. The probation report was favourable, recommending community service. In the context of the ongoing prison decongestion exercise, and considering the applicant's circumstances and positive conduct, the court exercised its discretion to substitute the remaining custodial sentence with a community service order at Tachasis Primary School. The court imposed strict supervision conditions and warned that any breach would result in the applicant serving the remainder of her prison term.
Court Disposition
Custodial sentence reviewed and substituted with community service order for the remainder of the sentence.
Orders
- The applicant is released from prison forthwith and placed on community service at Tachasis Primary School for the remainder of her sentence.
- The chief of Nyota Location shall supervise the applicant and ensure compliance with community service.
Full Case Text
Judgment text and source record
25 paragraphs
Chebet v Republic (Revision Case E031 of 2023) [2023] KEHC 22121 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22121 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E031 of 2023
HM Nyaga, J
August 22, 2023
Between
Mercy Chebet
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, Mercy Chebet was convicted for the offence of cutting and removing forest produce from a provisional forest without authority contrary to section 64 (1)(a) as read with section 64(2) and section 68(1)(a)(c) of the Forest Conservation Management Act and sentenced to serve 6 months’ imprisonment and a fine of Kshs. 50,000/= on June 2, 2023.
3. She has so far served about 3 months in prison.
4. According to the sentence review report filed on 2nd August 2023, the Probation Officer, Miriam Ngochoi recommends Community Service at Tachasis Primary School for the remainder of her sentence.
5. The report further states that the inmate’s husband is willing to help her in resettlement by provision of basic needs. The inmate schooled up to class 7and had been performing casual work for a living.
6. According to prison officials, the inmate has been imparted with business skills that will enable her engage in lawful means of earning a living. Her immediate community expressed no reservation of her impending release.
7. She owned up to the offence and subsequent sentence and pleads for consideration on non-custodial orders to enable her fend for her young family.
8. 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 Tachasis Primary School for the remainder of her sentence. She shall be closely supervised by the chief Nyota Location who shall ensure the convict religiously performs any assigned community service to his satisfaction and weekly reports made to the Probation Officer, Molo who shall monitor the behaviour of the convict for the remainder of the sentence.
9. The applicant is, as required, made aware that in the event of a breach, the CSO order shall be revoked and she shall be returned to prison to serve the entire prison term imposed and not served.
10. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGE