[2023] KEHC 22071 (KLR)
The court found that despite the complainant's forgiveness and the area chief's support for release, the probation report did not recommend the applicant for community service due to lack of skill acquisition, habitual offending, and community reluctance to receive him. The court determined that the applicant had...
Source-derived case information.
- Citation
- [2023] KEHC 22071 (KLR)
- Parties
- Applicant: Kennedy Kibet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E030 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review denied; custodial sentence to continue until completion.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Prison Decongestion, Custodial Sentence, Rehabilitation, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Kibet
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant should be released from prison under the prison decongestion exercise.
- 2 Whether the applicant is suitable for a non-custodial sentence based on the probation report and community readiness.
Ratio Decidendi
The court found that despite the complainant's forgiveness and the area chief's support for release, the probation report did not recommend the applicant for community service due to lack of skill acquisition, habitual offending, and community reluctance to receive him. The court determined that the applicant had not demonstrated sufficient rehabilitation or readiness for reintegration into the community. Consequently, the custodial sentence should continue until completion to ensure public safety and allow for further rehabilitation.
Court Disposition
Application for sentence review denied; custodial sentence to continue until completion.
Orders
- The custodial sentence of Kennedy Kibet shall continue until completion.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Kibet v Republic (Revision Case E030 of 2023) [2023] KEHC 22071 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22071 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E030 of 2023
HM Nyaga, J
August 22, 2023
Between
Kennedy Kibet
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, Kennedy Kibet was convicted for the offence of entering a building and committing a felony contrary to section 306 (a) of the Penal Code and sentenced to serve 1-year imprisonment on April 20, 2023.
3. He has so far served about 5 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Probation Officer, Miriam Ngochoi, the inmate has not made progress in acquiring a skill in order to enable him earn a living in a lawful means, his immediate community is not ready to receive him and thus is not recommended for community service.
5. The report further states that the inmate is a class 5 drop out who had worked as a herdsman in various areas. The inmate is a habitual thief and has been taken through the criminal justice process on several occasions. His safety was secured upon his arrest and imprisonment.
6. The inmate has not undergone any kind of counselling hence no skill acquired. He is attached to the Molo Law Courts where he performs general cleanliness duties at the court premises. The Complainant in the case was the inmate’s uncle and has since forgiven him and is not against his immediate release. Additionally, the area chief believes that he has reformed and can be released to serve the remainder of his sentence in non-custodial sentence.
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 inmate, Kennedy Kibet’s, custodial sentence until completion.
8. File closed.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGE