[2024] KEHC 10946 (KLR)
The court found that the applicant, convicted of incest and serving a ten-year sentence with only five months remaining, met the criteria set out in the Chief Justice's decongestion memo. The probation report indicated successful rehabilitation and strong community and family support for reintegration. In light of...
Source-derived case information.
- Citation
- [2024] KEHC 10946 (KLR)
- Parties
- Applicant: Samuel Macharia Kabugi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 193 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised to non-custodial community service order.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Non Custodial Sentences, Sexual Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Macharia Kabugi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's rehabilitation and community support justify conversion of the custodial sentence to community service.
Ratio Decidendi
The court found that the applicant, convicted of incest and serving a ten-year sentence with only five months remaining, met the criteria set out in the Chief Justice's decongestion memo. The probation report indicated successful rehabilitation and strong community and family support for reintegration. In light of these factors, and the absence of any contrary indication from the respondent, the court exercised its discretion to substitute the remaining custodial sentence with a six-month community service order at Kiboko Chief’s Camp, under probation supervision. This decision aligns with the policy objective of decongesting prisons and promoting rehabilitative justice for suitable...
Court Disposition
Custodial sentence revised to non-custodial community service order.
Orders
- The applicant is placed on Community Service for six months at Kiboko Chief’s Camp under the supervision of the Officer-in-Charge, Ngong Probation Station.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Kabugi v Republic (Criminal Revision 193 of 2024) [2024] KEHC 10946 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10946 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 193 of 2024
DR Kavedza, J
September 17, 2024
Between
Samuel Macharia Kabugi
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 for the offence incest contrary to section 20(1) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten (10) years imprisonment.
3. A Probation Report was filed with respect to the Applicant, indicating that he is left with 5 months to complete his sentence.
4. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. His family and community are also ready to facilitate his progressive reintegration upon release.
5. The findings in the probation report are in favour of the applicant and I accordingly find that he can benefit from a non-custodial sentence.
6. I therefore order that the applicant be placed on Community Service for six (6) months at Kiboko Chief’s Camp, under the supervision of the Officer-in-Charge, Ngong Probation Station.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE