[2024] KEHC 3489 (KLR)
The court found that the applicant had served a substantial portion of his custodial sentence and had demonstrated remorse and willingness to reform. The probation report was positive and recommended a community service order. The court held that the remaining five months of the sentence could be effectively served...
Source-derived case information.
- Citation
- [2024] KEHC 3489 (KLR)
- Parties
- Applicant: Haron Chege; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E068 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- custodial sentence reviewed and substituted with community service order
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Review, Narcotic Offences, Plea of Guilty, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haron Chege
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for a review of his custodial sentence to a non-custodial sentence.
- 2 Whether the period already served and the probation report justify a community service order.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his custodial sentence and had demonstrated remorse and willingness to reform. The probation report was positive and recommended a community service order. The court held that the remaining five months of the sentence could be effectively served through a non-custodial sentence, specifically a community service order at Jasho Primary School, with oversight by the probation officer. The court exercised its discretion to substitute the custodial sentence with a community service order, emphasizing the rehabilitative purpose of sentencing and the applicant's suitability for reintegration into society.
Court Disposition
custodial sentence reviewed and substituted with community service order
Orders
- The applicant shall serve a community service order for five months at Jasho Primary School.
- The probation officer shall file monthly reports in court to ensure compliance and effectiveness of the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Chege v Republic (Criminal Revision E068 of 2024) [2024] KEHC 3489 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3489 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E068 of 2024
RN Nyakundi, J
April 11, 2024
Between
Haron Chege
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and sentenced on his own plea of guilty to 2 years imprisonment for the offence of being in possession of Cannabis Sativa (Bhang) Contrary to section 3(1) as read with Section 3(2) of the Narcotic drugs and psychotropic substances Control Act No. 3 of 1994.
2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p) &(q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.
3. The applicant seeks a sentence review based on the Probation sentence report filed on 26th March, 2024. The report is responsive and recommends him for a community service order at Jasho Primary school.
4. The applicant takes full responsibility of the offence committed and he is willing to serve a non-custodial sentence. The nucleus of any correctional system is its rehabilitative and reparative functions.
5. In my considered view, the period served by the applicant has shaped his character. The remaining period of 5 months can be utilized through a non-custodial sentence. The family is ready to receive him back home and assist him where necessary. I believe the applicant is a perfect fit for anon-custodial sentence. A community service order is therefore efficient for the remaining period. He is directed to serve the same for five months at Jasho primary school. During this period, the probation officer is obligated to file monthly reports in court in ensuring compliance of the sentence and its effectiveness.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. ...........................R. NYAKUNDIJUDGE