[2023] KEHC 22080 (KLR)
The court found that the applicant, having served about half of his six-month custodial sentence for malicious damage to property and stealing, had demonstrated remorse, undergone counselling, and maintained good conduct in prison. The Sentence Review Report recommended community service, and there was no evidence...
Source-derived case information.
- Citation
- [2023] KEHC 22080 (KLR)
- Parties
- Applicant: Zacharia Gitau Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E060 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Sentence revised; applicant released from prison and placed on community service for remainder of sentence.
- Judges
- HM Nyaga
- Legal Topics
- Malicious Damage to Property, Stealing, Sentence Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zacharia Gitau Kimani
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence in light of the Prisons Decongestion Exercise.
- 2 Whether the applicant is suitable for community service based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having served about half of his six-month custodial sentence for malicious damage to property and stealing, had demonstrated remorse, undergone counselling, and maintained good conduct in prison. The Sentence Review Report recommended community service, and there was no evidence to suggest the applicant was unsuitable for a non-custodial sentence. In the context of the ongoing Prisons Decongestion Exercise, the court exercised its discretion to revise the sentence, ordering the applicant's immediate release from prison and placement on community service for the remainder of his sentence.
Court Disposition
Sentence revised; applicant released from prison and placed on community service for remainder of sentence.
Orders
- The applicant is released from prison forthwith.
- The applicant shall serve the remainder of his sentence on community service at Roman Catholic Primary School.
Full Case Text
Judgment text and source record
21 paragraphs
Kimani v Republic (Revision Case E060 of 2023) [2023] KEHC 22080 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22080 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E060 of 2023
HM Nyaga, J
August 22, 2023
Between
Zacharia Gitau 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 Zachariah Gitau Kimani was convicted for the offence of Malicious Damage to Property contrary to section 339 (1) of thePenal Code as well as Stealing contrary to section 268 as read with section 275 of the Penal Code and sentenced to serve 6 months imprisonment on May 16, 2023.
3. He has so far served about 3 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, N.O. Nancy recommends community service.
5. According to the said report the convict is separated from his wife with whom they have two issues who are both in her custody. The prison officers alluded that he has been of good conduct and the convict states that he underwent counselling geared towards behavioural change. There is no current person to confirm the home environment. 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 Roman Catholic 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