[2024] KEHC 4281 (KLR)
The court found that the applicant, having served part of his custodial sentence and demonstrated rehabilitative progress as evidenced by the probation report and positive feedback from prison authorities, is a suitable candidate for a non-custodial sentence. The court held that the objectives of sentencing,...
Source-derived case information.
- Citation
- [2024] KEHC 4281 (KLR)
- Parties
- Applicant: Collins Dome; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E080 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Custodial sentence revised to non-custodial probation order.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Probation Orders, Plea of Guilty, Rehabilitation, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Dome
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence to a non-custodial sentence based on the probation report and rehabilitative progress.
- 2 Whether the period already served by the applicant justifies a variation of sentence under the relevant statutory and constitutional provisions.
Ratio Decidendi
The court found that the applicant, having served part of his custodial sentence and demonstrated rehabilitative progress as evidenced by the probation report and positive feedback from prison authorities, is a suitable candidate for a non-custodial sentence. The court held that the objectives of sentencing, including rehabilitation and reintegration into society, would be better served by allowing the applicant to serve the remainder of his sentence on probation. The court exercised its revisionary jurisdiction under the Criminal Procedure Code and relevant constitutional provisions to substitute the custodial sentence with an 18-month probation order, subject to monitoring by the...
Court Disposition
Custodial sentence revised to non-custodial probation order.
Orders
- The applicant shall serve a probation sentence for a period of 18 months.
- The probation officer shall file monthly reports to ensure compliance and effectiveness of the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Dome v Republic (Criminal Revision E080 of 2023) [2024] KEHC 4281 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4281 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E080 of 2023
RN Nyakundi, J
April 11, 2024
Between
Collins Dome
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 stealing contrary to section 268(1) as read with section 275 of the penal code.
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 27th March, 2024. The report is responsive and recommends him for a probation sentence for a period of 18 months.
4. The applicant is pleading for a non-custodial sentence and he is willing to serve a non-custodial sentence for the remainder of his 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 prison authorities indicated that he was assigned work in the shamba and also store attendant. Further, during his period in custody, he has maintained contact with his family and they are willing to welcome him back. If there are any other underlying issues, the probation officer ought to pursue a victim-offender mediation. I believe the applicant is a perfect fit for anon-custodial sentence. The applicant is allowed to go and serve a probation sentence for a period of 18 months. The Probation officer shall file monthly reports for purposes of ensuring compliance and effectiveness of the sentence.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. ............................R. NYAKUNDIJUDGE