[2024] KEHC 10825 (KLR)
Although the applicant meets the temporal criteria for consideration under the decongestion exercise, the court finds that the gravity and sensitive nature of the offence—committing an indecent act with a child—outweigh the positive recommendations in the probation and prison conduct reports. The court holds that...
Source-derived case information.
- Citation
- [2024] KEHC 10825 (KLR)
- Parties
- Applicant: David Aligula Katieso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 227 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for release under decongestion exercise declined
- Judges
- DR Kavedza
- Legal Topics
- Sexual Offences, Sentencing Policy, Prison Decongestion, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Aligula Katieso
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for release under the Chief Justice's decongestion exercise.
- 2 Whether the seriousness of the offence precludes the applicant from a non-custodial sentence.
Ratio Decidendi
Although the applicant meets the temporal criteria for consideration under the decongestion exercise, the court finds that the gravity and sensitive nature of the offence—committing an indecent act with a child—outweigh the positive recommendations in the probation and prison conduct reports. The court holds that the interests of justice require the applicant to serve his sentence to completion, as early release would not adequately reflect the seriousness of the offence or serve as a deterrent for similar crimes.
Court Disposition
application for release under decongestion exercise declined
Orders
- The applicant shall serve his sentence to completion.
Full Case Text
Judgment text and source record
21 paragraphs
Katieso v Republic (Criminal Revision 227 of 2024) [2024] KEHC 10825 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10825 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 227 of 2024
DR Kavedza, J
September 17, 2024
Between
David Aligula Katieso
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 of committing and indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten years imprisonment.
3. According to the Prison Conduct Report dated 15th August 2024, the applicant has served four years and ten months of his sentence, with one year and seven months remaining, after accounting for a remission period of three years and twenty days.
4. A probation report was also filed with respect to the applicant. 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. Despite the positive findings in the probation reports, the nature of the offence committed by the applicant is serious. Sexual offences are a sensitive matter that the sentence imposed should serve the ends of justice.
6. I accordingly decline to release the Applicant under the decongestion exercise. He shall serve his sentence to completion.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. .......................................D. KAVEDZAJUDGE