[2023] KEHC 23434 (KLR)
The court found that the appellant had demonstrated genuine remorse and had been fully rehabilitated, as confirmed by both the Probation Officer's and Prisons Service reports. The reports indicated that the appellant was disciplined, hardworking, and suitable for community service. In light of these findings, and in...
Source-derived case information.
- Citation
- [2023] KEHC 23434 (KLR)
- Parties
- Appellant: Terence Muchoki Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 43 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reviewed and substituted with community service order
- Judges
- RM Mwongo
- Legal Topics
- Sentencing Review, Community Service Orders, Rehabilitation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Terence Muchoki Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's sentence should be reviewed in light of the Probation Officer's and Prisons Service reports.
- 2 Whether the appellant is suitable for a non-custodial community service order.
Ratio Decidendi
The court found that the appellant had demonstrated genuine remorse and had been fully rehabilitated, as confirmed by both the Probation Officer's and Prisons Service reports. The reports indicated that the appellant was disciplined, hardworking, and suitable for community service. In light of these findings, and in the interests of justice and rehabilitation, the court exercised its discretion to review the custodial sentence and ordered that the appellant serve the remainder of his sentence as a non-custodial community service order at Kariti Chief's Camp, under supervision, for a period not exceeding twelve months.
Court Disposition
sentence reviewed and substituted with community service order
Orders
- The appellant's sentence is reviewed; he shall serve the balance of his prison term in non-custodial community service at Kariti Chief's Camp under the supervision of the Chief, Kariti and the Probation Officer.
- Such community service shall be for no more than twelve (12) months from the date of the order.
Full Case Text
Judgment text and source record
21 paragraphs
Kariuki v Republic (Criminal Appeal 43 of 2019) [2023] KEHC 23434 (KLR) (12 October 2023) (Judgment)
Neutral citation: [2023] KEHC 23434 (KLR)
Republic of Kenya
In the High Court at Kerugoya
Criminal Appeal 43 of 2019
RM Mwongo, J
October 12, 2023
Between
Terence Muchoki Kariuki
Petitioner
and
Republic
Respondent
Judgment
1. The court in its Judgement of May 31, 2022, the Probation Officers Report and a Report of the Prisons Service to be availed in order to enable it to further consider option to the court on sentencing.
2. As at May 31, 2023 the appellant had 17 more months to serve. Now, four months later he has only 13 more months to serve.
3. As directed the Probation Officer’s Report indicates that the Applicant/Appellant’s attitude to the offence is one of remorse, and that he pleads for forgiveness and leniency. The report recommends that:“The inmate is suitable for community service order and recommends him to work at Kariti Chief’s Camp”.
4. The Prisons Report filed on October 5, 2023 states of the inmates:“He has no offence against Prisons Rules and Regulations. He is disciplined, hardworking and social to the other inmates as well as officers……If given [a] second chance he will be useful to the community in nation building. Therefore, I can confirm that this inmate has reformed and fully rehabilitated as per the prison mandate”.
5. I have taken into account the two reports. In this final Judgment pursuant to the Judgment on May 31, 2023 I therefore order and direct as follows:a)The appellant’s sentence is hereby reviewed to the effect that he shall serve the balance of his prison term in non-custodial community service at Kariti Chief’s Camp under the supervision of the Chief, Kariti and the Probation Officer.b)Such community service shall be for no more than twelve (12) months from the date hereof.
6. Orders accordingly.
DATED AT KERUGOYA THIS 12TH DAY OF OCTOBER, 2023_________________RICHARD MWONGOJUDGEIn the presence of:Applicant - Present in CourtOnyango - Present for ApplicantCourt Assistant - Murage