[2023] KEHC 22135 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the applicant's demonstrated remorse, positive conduct in prison, supportive family background, and the recommendation of the Probation Officer. The decision was further influenced by the ongoing...
Source-derived case information.
- Citation
- [2023] KEHC 22135 (KLR)
- Parties
- Applicant: Samson Nyabuto James; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E168 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised; applicant released from prison and placed on community service order for 12 months.
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Review, Community Service Orders, Prison Decongestion, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Nyabuto James
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the prison decongestion exercise.
- 2 Whether the applicant qualifies for a community service order as an alternative to imprisonment.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the applicant's demonstrated remorse, positive conduct in prison, supportive family background, and the recommendation of the Probation Officer. The decision was further influenced by the ongoing prison decongestion exercise and the suitability of the applicant for community-based rehabilitation. The court found that the interests of justice and rehabilitation would be better served by releasing the applicant from prison and placing him under supervised community service for the remainder of his sentence, with clear conditions for compliance and consequences for breach.
Court Disposition
Custodial sentence revised; applicant released from prison and placed on community service order for 12 months.
Orders
- The applicant is released from prison forthwith.
- The applicant shall serve 12 months community service at Nakuru County Probation Office.
Full Case Text
Judgment text and source record
24 paragraphs
James v Republic (Revision Case E168 of 2023) [2023] KEHC 22135 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22135 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E168 of 2023
HM Nyaga, J
August 22, 2023
Between
Samson Nyabuto James
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, Samson Nyabuto James was convicted for the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code and sentenced to 3 years’ imprisonment on February 27, 2023.
3. He has so far served about 7 months in prison.
4. According to the Sentence Review Report filed on August 3, 2023, the Probation Officer, Salim A G, recommends Community Service at Nakuru County Probation Office for one year.
5. The report further states that the inmate is a form 2 dropout and hails from a humble background where the family engages in subsistence farming and animal keeping. The parents are willing to support the convict’s alternative rehabilitation if offered the chance.
6. The convict has been engaged in the building and construction section while in prison and regrets the commission of the offence and pleads for leniency.
7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and order the Convict/Applicant be released from prison forthwith and be placed on Community Service at Nakuru County Probation office for 12 months. He shall be closely supervised by the Chief, Mawanga location who shall ensure the convict religiously performs any assigned community service to his satisfaction and weekly reports made to the Probation Officer, Nakuru who shall monitor the behaviour of the convict for the remainder of the sentence.
8. The applicant is, as required, made aware that in the event of a breach, the CSO order shall be revoked and he shall be returned to prison to serve the entire prison term imposed and not served.
9. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGE