[2023] KEHC 22067 (KLR)
The court found that the applicant had served approximately half of his sentence, demonstrated remorse, received forgiveness from the complainant, and was positively assessed by both the prison authorities and the Community Service Officer. In the context of the ongoing prison decongestion exercise, these factors...
Source-derived case information.
- Citation
- [2023] KEHC 22067 (KLR)
- Parties
- Applicant: Bernard Kiprotich Chepkwony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E055 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed; remainder of sentence to be served as community service.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Assault Causing Actual Bodily Harm, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kiprotich 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 community service order in light of the prison decongestion exercise.
- 2 Whether the applicant has demonstrated remorse and readiness for reintegration into society.
Ratio Decidendi
The court found that the applicant had served approximately half of his sentence, demonstrated remorse, received forgiveness from the complainant, and was positively assessed by both the prison authorities and the Community Service Officer. In the context of the ongoing prison decongestion exercise, these factors justified the exercise of judicial discretion to review the custodial sentence. The court determined that the remainder of the applicant's sentence should be served under a community service order at Belbur Primary School, facilitating his reintegration into society while still serving the punitive and rehabilitative aspects of his sentence.
Court Disposition
Custodial sentence reviewed; remainder of sentence to be served as community service.
Orders
- The applicant shall serve the remainder of his sentence under community service at Belbur Primary School.
Full Case Text
Judgment text and source record
22 paragraphs
Chepkwony v Republic (Revision Case E055 of 2023) [2023] KEHC 22067 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22067 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E055 of 2023
HM Nyaga, J
August 22, 2023
Between
Bernard Kiprotich 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, Bernard Kiprotich Chepkwony was convicted for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code and sentenced to serve 1-year imprisonment and a Kshs 10,000/= fine on March 23, 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 Belbur Primary School 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 his mother who will provide food, shelter and clothing for him till he becomes stable and finds a job.
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. In addition to this, he has since sought for forgiveness from the complainant who has forgiven him and is therefore ready to reintegrate into the society. 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 and review the prison sentence. The convict will serve the remainder of the sentence under community service at Belbur Primary School.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22NDAUGUST, 2023. H. M. NYAGAJUDGE