[2024] KEHC 9109 (KLR)
The court found that the applicant, having served 27 years for the offence of robbery with violence, demonstrated genuine remorse, rehabilitation, and readiness for reintegration as evidenced by the favourable probation report and support from his family. The court exercised its discretion to revise the sentence,...
Source-derived case information.
- Citation
- [2024] KEHC 9109 (KLR)
- Parties
- Applicant: John Kuria Gatembu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 41 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed. Applicant released forthwith unless otherwise lawfully held.
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Revision, Rehabilitation, Early Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Kuria Gatembu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is eligible for revision of sentence after serving 27 years for robbery with violence.
- 2 Whether the period already served constitutes adequate punishment under the circumstances.
Ratio Decidendi
The court found that the applicant, having served 27 years for the offence of robbery with violence, demonstrated genuine remorse, rehabilitation, and readiness for reintegration as evidenced by the favourable probation report and support from his family. The court exercised its discretion to revise the sentence, holding that the time already served was adequate punishment under the circumstances, and ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
Application for revision of sentence allowed. Applicant released forthwith unless otherwise lawfully held.
Orders
- The applicant is released forthwith unless otherwise lawfully held.
- The applicant is directed to report to the Probation Officer for reintegration.
Full Case Text
Judgment text and source record
21 paragraphs
Gatembu v Republic (Miscellaneous Criminal Application 41 of 2023) [2024] KEHC 9109 (KLR) (29 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9109 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 41 of 2023
DR Kavedza, J
July 29, 2024
Between
John Kuria Gatembu
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death. His appeal to this court and the Court of Appeal was dismissed vide Nairobi Criminal Appeal No. 1110 of 1998 and Criminal Appeal No. 25 of 2000 respectively. The applicant is now serving a life sentence.
2. He filed the present application seeking revision of sentence. He contends that he has been in custody for 27 years during which time, he has undergone rehabilitation. He has been of good conduct during his incarceration. He has acquired to enable him earn a living upon his released.
3. The probation report brought to court indicates that the applicant has served twenty-seven (27) years. The probation report was also favourable. Additionally, the report indicates that the applicant is remorseful, has been rehabilitated and prays that he be granted early release to help in his reintegration back into society. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release. I therefore find the time served as adequate sentence under the circumstances.
5. The applicant is released forthwith unless otherwise lawfully held. The applicant is directed to report to the Probation Officer for reintegration.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29THDAY OF JULY 2024. ________________D. KAVEDZAJUDGE