[2023] KEHC 23816 (KLR)
Despite the opposition from the complainant and family, the court found that the applicant had demonstrated remorse and significant rehabilitation, as evidenced by the prison authorities' report. The court determined that the interests of justice would be served by allowing the applicant to serve the remainder of...
Source-derived case information.
- Citation
- [2023] KEHC 23816 (KLR)
- Parties
- Applicant: Everline Kemunto alias Mongina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E031 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence partially substituted with probation; applicant released from prison to serve remainder of sentence on probation.
- Judges
- JK Sergon
- Legal Topics
- Grievous Harm, Sentencing Review, Probation Orders, Custodial Vs Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Everline Kemunto alias Mongina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant should continue serving a custodial sentence or be released to serve the remainder of her sentence on probation.
- 2 Whether the applicant is suitable for a non-custodial sentence given the circumstances of the offence and the views of the complainant and family.
Ratio Decidendi
Despite the opposition from the complainant and family, the court found that the applicant had demonstrated remorse and significant rehabilitation, as evidenced by the prison authorities' report. The court determined that the interests of justice would be served by allowing the applicant to serve the remainder of her sentence on probation under supervision, rather than in continued custody. The court exercised its discretion under the Criminal Procedure Code to substitute the custodial sentence with a probation order for the unserved portion of the sentence, balancing the need for punishment with the prospects of rehabilitation and reintegration into society.
Court Disposition
Custodial sentence partially substituted with probation; applicant released from prison to serve remainder of sentence on probation.
Orders
- The applicant, Everline Kemunto alias Mongina, is set free from prison.
- The applicant is to serve the remainder of her sentence of two years eight months on probation under the supervision of the Kericho County Probation Officer.
Full Case Text
Judgment text and source record
24 paragraphs
Kemunto alias Mongina v Republic (Criminal Revision E031 of 2023) [2023] KEHC 23816 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23816 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E031 of 2023
JK Sergon, J
October 19, 2023
Between
Everline Kemunto alias Mongina
Applicant
and
Republic
Respondent
Ruling
1. Everline Kemunto alias Mongina, hereinafter referred to as the applicant was convicted of the offence of causing grievous harm contrary to section 234 of the Penal Code cap 63 Laws of Kenya.
2. On June 2, 2022, Hon E.w Karani, the then learned Resident Magistrate sentenced the applicant to serve four (4) years imprisonment.
3. The proceedings relating to the aforesaid case, that is Kericho CMC Case No E1075 of 2022 Republic v Everline Kemunto alias Mongina were placed before this court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.
4. The probation officer filed a sentence review report on October 9, 2023. In the said report it was noted that the applicant was remorseful and promised not to reoffend. The probation officer noted that the circumstances leading to the instant offence arose from a domestic quarrel between the offender and the complainant who was her sister-in-law and further that the offender confronted her while under the influence of alcohol thereby committing the instant offence. The family members were opposed to her release on a non-custodial sentence, they prefer that she completes her sentence while in custody.
5. The prison authorities described the applicant as a reformed person who had learnt various skills while incarcerated.
6. The complainant was not willing to forgive the applicant, she reportedly sustained a permanent mark on her body and was therefore opposed to her release on a non-custodial sentence.
7. The probation officer in noting the above sentiments and the fact that the applicant was not welcome at her ancestral home as well as her matrimonial home recommended that the applicant was not suitable to serve a non-custodial sentence and should therefore complete her sentence in custody.
8. The report from the prison authorities is to the effect that the applicant has acquired various skills while in prison which skills which come in handy when she is out of prison. I am satisfied that this is a proper case to give the applicant a chance to serve a non-custodial sentence instead of being in prison.
9. The applicant has so far served in prison one (1) year four (4) months. The remainder of her sentence is two (2) years eight (8) months. The applicant namely:- Everline Kemunto alias Mongina is hereby ordered set free from prison and ordered to serve the remainder of her sentence of two (2) years eight (8) months on probation under the supervision of the Kericho County Probation Officer.
DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. …………….J.K. SERGONJUDGE