[2024] KEHC 3431 (KLR)
The court found that the applicant had served a substantial part of his custodial sentence and had demonstrated rehabilitation, as evidenced by the probation report and the lack of objection from local authorities. The court determined that the objectives of sentencing, including rehabilitation and reparative...
Source-derived case information.
- Citation
- [2024] KEHC 3431 (KLR)
- Parties
- Applicant: Stephen Kesio; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E286 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review After Conviction and Imprisonment
- Outcome
- Custodial sentence reviewed and substituted with a non-custodial probation sentence for seven months.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Probation Orders, Rehabilitation, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kesio
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review After Conviction and Imprisonment
Legal Issues
- 1 Whether the applicant is eligible for a review of sentence from imprisonment to a non-custodial probation sentence.
- 2 Whether the applicant has been sufficiently rehabilitated to warrant release on probation.
Ratio Decidendi
The court found that the applicant had served a substantial part of his custodial sentence and had demonstrated rehabilitation, as evidenced by the probation report and the lack of objection from local authorities. The court determined that the objectives of sentencing, including rehabilitation and reparative justice, would be best served by allowing the applicant to serve the remainder of his sentence under probation. The court therefore substituted the custodial sentence with a non-custodial probation sentence for seven months, subject to compliance monitoring by the probation officer.
Court Disposition
Custodial sentence reviewed and substituted with a non-custodial probation sentence for seven months.
Orders
- The applicant shall serve a probation sentence for a period of seven months.
- The probation officer shall file monthly reports to ensure compliance and effective service of the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Kesio v Republic (Criminal Revision E286 of 2023) [2024] KEHC 3431 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3431 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E286 of 2023
RN Nyakundi, J
April 11, 2024
Between
Stephen Kesio
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged, tried, convicted and sentenced to 2 years imprisonment for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code.
2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p)&(q) as conjunctively read with Article 50(6)(a)&(b) of the Constitution.
3. The applicant seeks a sentence review based on the Probation sentence report filed on 26th March, 2024. The report is responsive and recommends him for a probation sentence for a period of 7 months.
4. The applicant is pleading for a non-custodial sentence and he is willing to serve a non-custodial sentence for the remainder of his sentence. The nucleus of any correctional system is its rehabilitative and reparative functions.
5. In my considered view, the applicant having served a substantial part of his sentence has been rehabilitated. If there are any other underlying issues, the probation officer ought to pursue a victim-offender mediation. The local authorities also indicated that they have no problem with having the applicant released. I believe the applicant is a perfect fit for anon-custodial sentence. The applicant is allowed to go and serve a probation sentence for a period of seven months. The Probation officer shall file monthly reports to ensure compliance and that the sentence is served effectively.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. ..............................R. NYAKUNDIJUDGE