[2024] KEHC 6331 (KLR)
The court found that the applicant, convicted of burglary and sentenced to a fine of Kshs. 270,000 or two years imprisonment, was eligible for sentence revision under the Chief Justice's decongestion guidelines. The favourable probation report, evidence of remorse, rehabilitation efforts, and family support...
Source-derived case information.
- Citation
- [2024] KEHC 6331 (KLR)
- Parties
- Applicant: Kevin Kifunwa Alias Kevo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 81 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; custodial term reduced.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Burglary Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Kifunwa Alias Kevo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant qualifies for sentence revision under the Chief Justice's decongestion memo.
- 2 Whether the applicant is eligible for a non-custodial or alternative sentence based on the probation report.
Ratio Decidendi
The court found that the applicant, convicted of burglary and sentenced to a fine of Kshs. 270,000 or two years imprisonment, was eligible for sentence revision under the Chief Justice's decongestion guidelines. The favourable probation report, evidence of remorse, rehabilitation efforts, and family support justified substituting the original sentence. The court exercised its discretion to reduce the default custodial term from two years to twelve months, aligning with the policy to decongest prisons and promote reintegration for eligible offenders.
Court Disposition
Sentence revised; custodial term reduced.
Orders
- The sentence of payment of a fine of Kshs. 270,000 in default to serve two years imprisonment is substituted with a fine of Kshs. 270,000 in default to serve twelve months imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
Kifunwa alias Kevo v Republic (Criminal Revision 81 of 2024) [2024] KEHC 6331 (KLR) (27 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6331 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 81 of 2024
DR Kavedza, J
May 27, 2024
Between
Kevin Kifunwa Alias Kevo
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. The applicant was charged and convicted for the offence of burglary contrary to section 304 (2) of the Penal Code. He sentenced to pay a fine of Kshs. 270,000 in default to serve two years imprisonment. The probation report availed in court was favourable. Additionally, the report indicates that the applicant is remorseful and prays that he be granted community service.
3. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the report found in his favour. In my view, the applicant is eligible for an alternative sentence.
5. I therefore substitute the sentence of payment of a fine of Kshs. 270,000 in default to serve 2 years imprisonment and substitute it with a fine of Kshs. 270,000 in default to serve 12 months imprisonment.
RULING DELIVERED VIRTUALLY THIS DAY 27TH DAY OF MAY 2024. D. KAVEDZAJUDGE