[2024] KEHC 9146 (KLR)
The court found that the applicant, having served eleven years and eight months of a twenty-year sentence for robbery with violence, demonstrated remorse and rehabilitation, as evidenced by a favourable probation report and positive conduct in prison. The Chief Justice's decongestion memo allows for consideration of...
Source-derived case information.
- Citation
- [2024] KEHC 9146 (KLR)
- Parties
- Applicant: Stephen Mwenda Kaloki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 52 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review and Early Release
- Outcome
- application allowed; applicant released forthwith subject to probation supervision
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Review, Non Custodial Sentences, Rehabilitation, Early Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stephen Mwenda Kaloki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review and Early Release
Legal Issues
- 1 Whether the applicant qualifies for early release under the Chief Justice's decongestion memo.
- 2 Whether the time already served by the applicant is sufficient punishment for the offence of robbery with violence.
- 3 Whether the applicant should be granted a non-custodial sentence to facilitate reintegration into society.
Ratio Decidendi
The court found that the applicant, having served eleven years and eight months of a twenty-year sentence for robbery with violence, demonstrated remorse and rehabilitation, as evidenced by a favourable probation report and positive conduct in prison. The Chief Justice's decongestion memo allows for consideration of non-custodial sentences for inmates with three years or less remaining or those who have served substantial portions of their sentences. The court determined that the time already served constituted adequate punishment under the circumstances and that the applicant was eligible for early release. The applicant was ordered released forthwith and directed to report to the...
Court Disposition
application allowed; applicant released forthwith subject to probation supervision
Orders
- The applicant is released forthwith unless otherwise lawfully held.
- The applicant shall report to the Makueni Sub-County Probation Officer for reintegration for a period of twelve (12) months.
Full Case Text
Judgment text and source record
21 paragraphs
Kaloki v Republic (Criminal Revision 52 of 2023) [2024] KEHC 9146 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9146 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 52 of 2023
DR Kavedza, J
July 23, 2024
Between
Stephen Mwenda Kaloki
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. The applicant was charged and convicted for the offence of robbery with violence contrary to section 295 as read with 296(2) of the Penal Code, Cap 63 Laws of Kenya. He was sentenced to death. On appeal and resentencing, the sentence was reduced to twenty (20) years imprisonment to run from the date of arrest.
3. The probation report brought to court indicates that the applicant has served eleven (11) years and eight (8) months. The probation report was also favourable. Additionally, the report indicates that the applicant is remorseful, has been rehabilitated and prays that he be granted on a community service order. The report recommended that the applicant be granted a non-custodial sentence to help in his reintegration back into society.
4. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.
5. In view of the foregoing, it is my finding that the applicant is eligible for early release. I therefore find the time served as adequate sentence under the circumstances.
6. The applicant is released forthwith unless otherwise lawfully held. The applicant is directed to report to the Makueni Sub-County Probation Officer for reintegration for a period of twelve (12) months.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF JULY 2024. ....................D. KAVEDZAJUDGE