[2023] KEHC 22122 (KLR)
The court found that the applicant had served part of her sentence, accepted responsibility for the offence, and was recommended for community service by the probation officer. The applicant's family support, acquisition of business skills in prison, and the absence of community objections further supported her...
Source-derived case information.
- Citation
- [2023] KEHC 22122 (KLR)
- Parties
- Applicant: Sheilla Chepkirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E033 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised to Community Service Order; applicant released from prison.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Forest Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheilla Chepkirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
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 a suitable candidate for community service based on the probation report.
Ratio Decidendi
The court found that the applicant had served part of her sentence, accepted responsibility for the offence, and was recommended for community service by the probation officer. The applicant's family support, acquisition of business skills in prison, and the absence of community objections further supported her suitability for a non-custodial sentence. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to revise the sentence from imprisonment to a Community Service Order at Tachasis Primary School for the remainder of the sentence, with supervision and monitoring conditions imposed to ensure compliance.
Court Disposition
Custodial sentence revised to Community Service Order; applicant released from prison.
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 duties, with weekly reports to the Probation Officer, Molo.
Full Case Text
Judgment text and source record
25 paragraphs
Chepkirui v Republic (Revision Case E033 of 2023) [2023] KEHC 22122 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22122 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E033 of 2023
HM Nyaga, J
August 22, 2023
Between
Sheilla Chepkirui
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, Sheilla Chepkirui 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 August 2, 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 siblings are 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 22NDAUGUST, 2023. H.M. NYAGAJUDGEIN THE PRESENCE OF:C/A JENIFFERMS MURUNGA FOR STATEAPPLICANT