[2024] KEHC 10820 (KLR)
The court found that, despite the applicant's participation in rehabilitation programs and expression of remorse, the probation report and the Chief of Ngong's input highlighted a pattern of repeat offending and previous absconding from probation. The applicant's history of similar offences and failure to comply...
Source-derived case information.
- Citation
- [2024] KEHC 10820 (KLR)
- Parties
- Applicant: Prisdon Imbwaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 170 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
- Outcome
- Application for non-custodial sentence declined; applicant to serve sentence to completion.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing, Forest Offences, Non Custodial Sentences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prisdon Imbwaga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
Legal Issues
- 1 Whether the applicant qualifies for consideration for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's history and conduct support early release from custody.
Ratio Decidendi
The court found that, despite the applicant's participation in rehabilitation programs and expression of remorse, the probation report and the Chief of Ngong's input highlighted a pattern of repeat offending and previous absconding from probation. The applicant's history of similar offences and failure to comply with non-custodial measures in the past rendered him unsuitable for early release under the decongestion exercise. The court therefore declined to substitute the custodial sentence with a non-custodial one, ordering that the applicant serve the remainder of his sentence to completion.
Court Disposition
Application for non-custodial sentence declined; applicant to serve sentence to completion.
Orders
- The applicant shall serve his sentence to completion.
Full Case Text
Judgment text and source record
22 paragraphs
Imbwaga v Republic (Criminal Revision 170 of 2024) [2024] KEHC 10820 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10820 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 170 of 2024
DR Kavedza, J
September 17, 2024
Between
Prisdon Imbwaga
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that applicant was convicted by the trial court on his own plea of guilty for the offence of cutting and removing forest produce contrary to section 64(1)(a) as read with section 64(2) of the Forest Conservation and Management Act No. 34 of 2016. He was sentenced to serve twelve (12) months imprisonment.
3. A probation report was filed with respect to the applicant, indicating that the Applicant has served 6 months and has a remaining period of 2 months to serve his sentence. According to the said report, the Applicant has been undertaking rehabilitation programs while in prison and he is remorseful about committing the offence.
4. However, the Chief of Ngong expressed a strong opposition to the Applicant’s early release, citing that the Applicant has a history of arrests and convictions related to illegal cutting and removal of forest produce. Additionally, the Applicant has previously served a probation sentence for the same offence in Criminal Case No. 1620 of 2018, which he absconded.
5. The report concluded that the applicant is not suitable for a non-custodial sentence and that he should serve his sentence to completion.
6. In line with the findings in the above report, it is my view that the applicant is not suitable to serve a noncustodial sentence. I therefore decline to release him under the decongestion exercise. The applicant shall serve his sentence to completion.
7. Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. .............................D. KAVEDZAJUDGE