[2024] KEHC 2604 (KLR)
The court found that the applicant, convicted of stealing and sentenced to 18 months imprisonment, had served a substantial portion of his sentence. The Probation Officer's Sentence Review Report recommended the applicant as suitable for community service. In the interest of decongesting prisons and promoting...
Source-derived case information.
- Citation
- [2024] KEHC 2604 (KLR)
- Parties
- Applicant: Samwel Githiomi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E040 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Stealing Offences, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Githiomi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Probation Officer's recommendation for community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under community service.
Ratio Decidendi
The court found that the applicant, convicted of stealing and sentenced to 18 months imprisonment, had served a substantial portion of his sentence. The Probation Officer's Sentence Review Report recommended the applicant as suitable for community service. In the interest of decongesting prisons and promoting rehabilitation, the court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Tia Wira Chief’s Camp for six months. The court was satisfied that the applicant met the criteria for a non-custodial sentence and that such an order would serve the ends of justice.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of his sentence under community service at Tia Wira Chief’s Camp for six months.
Full Case Text
Judgment text and source record
23 paragraphs
Githiomi v Republic (Revision Case E040 of 2024) [2024] KEHC 2604 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2604 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E040 of 2024
HM Nyaga, J
March 14, 2024
Between
Samwel Githiomi
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of Stealing contrary to section 286 as read with section 275 of the Penal Code.
3. The particulars are that; On the 12th day of January 2024 at around 1400 hours at Dundori Sub Location in Githioro Locatin, Nakuru North Sub County Nakuru County Stole 5 sheep all valued at Kshs. 40,000/= property of Joseph Kamau Muigai.
4. He pleaded guilty and he was sentenced to serve eighteen (18) months imprisonment.
5. The Applicant has served a substantial part of this sentence.
6. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Tia Wira Chief’s Camp.
7. I find this case fit for Revision and order that the sentence of the trial court be revised. The applicant is now to serve the remainder thereof under Community Service at Tia Wira Chief’s Camp for Six (6) months.
8. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 14THDAY OF MARCH, 2024. ......................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state