[2023] KEHC 22022 (KLR)
The court found that the applicant was unsuitable for a non-custodial sentence based on the probation officer's report, which highlighted the applicant's lack of rehabilitation, negative community and family sentiment, ongoing criminal proceedings, and the complainant's unresolved grievance. The court determined...
Source-derived case information.
- Citation
- [2023] KEHC 22022 (KLR)
- Parties
- Applicant: Joseph Keruri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E081 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence revision dismissed; custodial sentence to continue until completion.
- Judges
- HM Nyaga
- Legal Topics
- Obtaining by False Pretence, Sentencing Review, Prison Decongestion, Recidivism, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Keruri
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 custodial sentence should be revised in light of the probation officer's report.
Ratio Decidendi
The court found that the applicant was unsuitable for a non-custodial sentence based on the probation officer's report, which highlighted the applicant's lack of rehabilitation, negative community and family sentiment, ongoing criminal proceedings, and the complainant's unresolved grievance. The court determined that releasing the applicant would not serve the interests of justice or community safety, especially given his recidivist tendencies and lack of remorse or rehabilitation. Consequently, the court ordered that the custodial sentence continue until completion.
Court Disposition
Application for sentence revision dismissed; custodial sentence to continue until completion.
Orders
- The convict shall continue to serve the custodial sentence until completion.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Keruri v Republic (Revision Case E081 of 2023) [2023] KEHC 22022 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22022 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E081 of 2023
HM Nyaga, J
August 22, 2023
Between
Joseph Keruri
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, Joseph Keruri was convicted for the offence of obtaining by false pretence contrary to section 313 of the penal code and sentenced to serve 1- year imprisonment on 23rd March 2023.
3. He has so far served about 6 months in prison.
4. According to the Sentence Review Report filed on 2nd August 2023, the Probation Officer, Newton Majale, recommends that the convict is unsuitable for non-custodial sentence as the community remains unconducive.
5. The report further states that the inmate is semi-skilled and does farming for a living. The inmate’s family members are fed up with his relentless actions and plead with the court not to release him from the prison as a means of taming the unwanted tendencies.
6. The inmate has not undergone any kind of counselling hence no skill has been acquired in prison. The complainant in the case is still bitter having not benefitted from the money he gave out. The area chief is against the inmate’s immediate release on the ground that he has four previous criminal records over similar offences and of which one is still on-going before Molo Law Courts.
7. In light of the above and having taken into consideration, the prison assessment, the inmate’s rehabilitation and re-integration, I hereby order the continuance of the convict’s custodial sentence until completion.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant