[2023] KEHC 22077 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence to a non-custodial sentence based on the recommendations of the Sentence Review Report, the applicant's good conduct in prison, his remorsefulness, and the ongoing prison decongestion exercise. The court found that the applicant was...
Source-derived case information.
- Citation
- [2023] KEHC 22077 (KLR)
- Parties
- Applicant: Reuben Nyagu Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E066 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- custodial sentence revised to community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Prison Decongestion, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Nyagu Kimani
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review and Prison Decongestion
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence in light of the prison decongestion exercise.
- 2 Whether the applicant is suitable for community service based on the Sentence Review Report.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence to a non-custodial sentence based on the recommendations of the Sentence Review Report, the applicant's good conduct in prison, his remorsefulness, and the ongoing prison decongestion exercise. The court found that the applicant was suitable for community service and that releasing him to serve the remainder of his sentence at Michinda Primary School would serve the interests of justice and public policy objectives of decongesting prisons.
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant is released from prison forthwith.
- The applicant is to serve the remainder of his sentence on community service at Michinda Primary School.
Full Case Text
Judgment text and source record
21 paragraphs
Kimani v Republic (Revision Case E066 of 2023) [2023] KEHC 22077 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22077 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E066 of 2023
HM Nyaga, J
August 22, 2023
Between
Reuben Nyagu Kimani
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The Applicant Reuben Nyagu Kimani was convicted for the offence of Stealing contrary to Section 268 as read with 275 of the Penal Code and sentenced to serve 1 year imprisonment on 6th June 2023.
3. He has so far served about 2 months in prison.
4. In the Sentence Review Report filed on 2nd August 2023 the Community Service Officer, Kevin Kariuki recommends community service.
5. According to the said Report the convict is a class 3 dropout and used to do casual jobs ferrying water before he was incarcerated. Nobody has visited him while in prison. The prison officers say he has been conducting himself well and has taken part in farm duties while serving his sentence. The Applicant is remorseful and is willing to serve a non- custodial sentence.
6. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and order the Convict/Applicant be released from prison forthwith and be placed on Community Service at Michinda Primary School for the remainder of his sentence.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant