[2017] KEHC 8717 (KLR)
The court found that, although the applicant was not suitable for probation or community service order due to lack of verifiable family background, the period already served in remand and prison amounted to three years and eleven months out of a four-year sentence. Considering the circumstances, including the...
Source-derived case information.
- Citation
- [2017] KEHC 8717 (KLR)
- Parties
- Applicant: Jonah Ole Thomas; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 290 of 2015
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Legal Topics
- Sentencing Review, Probation Reports, Remission of Sentence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonah Ole Thomas
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is a suitable candidate for probation or community service order.
- 2 Whether the period already served by the applicant is sufficient to warrant release.
Ratio Decidendi
The court found that, although the applicant was not suitable for probation or community service order due to lack of verifiable family background, the period already served in remand and prison amounted to three years and eleven months out of a four-year sentence. Considering the circumstances, including the deceased's family's amenability to any decision, the court held that the applicant had served sufficient sentence and ordered his immediate release.
Court Disposition
application allowed
Orders
- The balance of the jail term is set aside and substituted with an order that the applicant has served sufficient sentence.
- The applicant is to be forthwith set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 290 OF 2015
JONAH OLE THOMAS………………..…………………. APPLICANT
VERSUS
REPUBLIC ……………………………….…………..…RESPONDENT
RULING
I have thoroughly read though the Probation Officer’s report dated 11th April, 2017. The same clearly portrays the Applicant as not a good case for probation or CSO. He failed to give the exact parenthood and siblings which means it would be difficult to supervise him if released on a non-custodial sentence. However, he was sentenced to four years imprisonment. Before the sentence was passed, he had been in remand for two years and six months. He has so far served one year and five months in jail. The total period served in prison therefore is three years and eleven months. Considering the circumstances of the case, and more particularly, that the family of the deceased is amenable to any decision the court makes and I will rule in favour of the applicant.
In the result, I set aside the balance of the jail term and substitute it with an order that the Applicant has served sufficient sentence. I order that he be and is hereby forthwith set free unless otherwise lawfully held. It is so ordered.
DATED and DELIVERED this 20thday of April, 2017.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
Applicant in person
M/s Aluda for the State