[2023] KEHC 3753 (KLR)
The court exercised its discretion to suspend the remainder of the applicant's prison term based on the applicant's remorse, good conduct during incarceration, the positive recommendation from the Community Service officer, and the broader policy objective of decongesting prisons. The court found that the applicant,...
Source-derived case information.
- Citation
- [2023] KEHC 3753 (KLR)
- Parties
- Applicant: Moses Aura Kigen; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E676 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; remainder of sentence suspended.
- Judges
- HM Nyaga
- Legal Topics
- Burglary, Sentencing Review, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Aura Kigen
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of time already served and recommendations for community service.
- 2 Whether the applicant qualifies for suspension of the remainder of his prison term.
Ratio Decidendi
The court exercised its discretion to suspend the remainder of the applicant's prison term based on the applicant's remorse, good conduct during incarceration, the positive recommendation from the Community Service officer, and the broader policy objective of decongesting prisons. The court found that the applicant, having served a substantial portion of his sentence and being a first-time young offender, was a suitable candidate for release under a suspended sentence, provided there were no other lawful reasons for his continued detention.
Court Disposition
Application for revision allowed; remainder of sentence suspended.
Orders
- The remainder of the applicant's prison term is suspended.
- The applicant is to be released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Kigen v Republic (Criminal Revision E676 of 2022) [2023] KEHC 3753 (KLR) (20 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3753 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E676 of 2022
HM Nyaga, J
April 20, 2023
Between
Moses Aura Kigen
Applicant
and
Republic
Respondent
Ruling
1. The applicant Moses Aura Kigen was convicted on his own plea of guilty for the offence of burglary contrary to section 304(2) and stealing contrary to Section 279 (b) of the Penal Code.
2. On November 8, 2022 he was sentenced to serve 6 months’ imprisonment.
3. He has so far served about 5 months in prison.
4. According to sentence Review Report filed on February 1, 2023 the Applicant is 20 years old and he schooled up to class 7. He has been conducting himself well while in prison and he is remorseful. The Community Service officer one Kevin Kariuki recommends he be placed on Community service.
5. Considering the Applicant has spent considerable time in prison and in the spirit of decongesting the prison, I hereby exercise judicial discretion and suspend the remainder of the prison term and order for his release from prison forthwith unless otherwise lawfully held.
6. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 20THAPRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant -