[2023] KEHC 22023 (KLR)
The court found that the applicant, having served approximately half of his 12-month custodial sentence for possession of cannabis, had demonstrated remorse and positive behavioral change. The sentence review report recommended community service, and both the prison authorities and area chief supported his release...
Source-derived case information.
- Citation
- [2023] KEHC 22023 (KLR)
- Parties
- Applicant: Hillary Bosuben Chepkwony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E069 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed and substituted with community service for the remainder of the term.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Narcotic Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hillary Bosuben Chepkwony
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence under the prison decongestion exercise.
- 2 Whether the applicant is a suitable candidate for community service based on the sentence review report.
Ratio Decidendi
The court found that the applicant, having served approximately half of his 12-month custodial sentence for possession of cannabis, had demonstrated remorse and positive behavioral change. The sentence review report recommended community service, and both the prison authorities and area chief supported his release to serve the remainder of his sentence on a non-custodial basis. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to review the sentence and substitute the remaining custodial term with community service at Kiptororo Chief’s Camp.
Court Disposition
Custodial sentence reviewed and substituted with community service for the remainder of the term.
Orders
- The applicant, Hillary Bosuben Chepkwony, shall serve community service at Kiptororo Chief’s Camp for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Chepkwony v Republic (Revision Case E069 of 2023) [2023] KEHC 22023 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22023 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E069 of 2023
HM Nyaga, J
August 22, 2023
Between
Hillary Bosuben Chepkwony
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, Hillary Bosuben Chepkwony was convicted for the offence of being in possession of cannabis contrary to section 3 (1) (a) as read with section 3 (2) (b) of theNarcotics Drugs and Psychotropic Substance Control Act and sentenced to serve 12 months’ imprisonment on January 19, 2023.
3. He has so far served about 6 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 Kiptororo Chief’s Camp 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 sister in Kuresoi who will provide him with shelter, food and clothing till such a time when he will find some work to do.
6. The report states that the convict did not undergo any formal training while in prison; 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 area chief confirmed his knowledge of the inmate and believes that he has learnt from his mistakes hence can be released to complete his term on non-custodial sentence. 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 to review the prison sentence and order that the convict, Hillary Bosuben Chepkwony serve community service at Kiptororo Chief’s Camp for the remainder of the sentence.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant