[2023] KEHC 22016 (KLR)
The court found that the applicant, having been convicted of creating disturbance likely to cause a breach of peace and with a history of similar offences, was not suitable for a non-custodial sentence. The Sentence Review Report indicated strong opposition from both the applicant's family and the community, citing...
Source-derived case information.
- Citation
- [2023] KEHC 22016 (KLR)
- Parties
- Applicant: James Kanyi Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E165 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence revision denied. Applicant to continue serving custodial sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Prison Decongestion, Breach of Peace, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kanyi Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence under the prison decongestion exercise.
- 2 Whether the applicant should continue serving the remainder of his custodial sentence.
Ratio Decidendi
The court found that the applicant, having been convicted of creating disturbance likely to cause a breach of peace and with a history of similar offences, was not suitable for a non-custodial sentence. The Sentence Review Report indicated strong opposition from both the applicant's family and the community, citing his repeated offending, problematic behavior, and lack of rehabilitation prospects. In light of these factors, the court exercised its discretion to deny the request for sentence revision and ordered that the applicant continue serving the remainder of his custodial sentence.
Court Disposition
Application for sentence revision denied. Applicant to continue serving custodial sentence.
Orders
- The applicant shall continue serving the remainder of his sentence in custody.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Kariuki v Republic (Revision Case E165 of 2023) [2023] KEHC 22016 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22016 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E165 of 2023
HM Nyaga, J
August 22, 2023
Between
James Kanyi Kariuki
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, James Kanyi Kariuki was convicted for the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the penal code and sentenced to serve 6 months’ imprisonment on 5th June 2023.
3. He has so far served about 3 months in prison.
4. According to the Sentence Review Report filed on 28th July 2023, the Probation Officer, Elizabeth Kwamboka, recommends that the convict is not suitable for non-custodial sentence as the community is against it.
5. The report states that the inmate has been a nuisance to the family and with a wanting character associated with truancy, violence and drunkenness hence a problem with his immediate relatives. The family of the inmate is against non-custodial sentence as he had been previously charged thrice with the similar offence.
6. In light of the above report, the Applicant should continue serving the remainder of his sentence in custody.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND DAY OF AUGUST, 2023. H.M. NYAGAJUDGE