[2023] KEHC 22101 (KLR)
The court declined to grant the plea for sentence review because the Probation Officer's report was not favourable to the applicant. The report indicated that the applicant had not demonstrated remorse, had a history of changing residence, and was considered unlikely to comply with non-custodial orders. The court...
Source-derived case information.
- Citation
- [2023] KEHC 22101 (KLR)
- Parties
- Applicant: Joel Kirui Kimutai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E027 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review declined.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Stealing by Servant, Prison Decongestion, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Kirui Kimutai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the prisons decongestion exercise.
- 2 Whether the applicant has demonstrated sufficient grounds for a non-custodial sentence.
Ratio Decidendi
The court declined to grant the plea for sentence review because the Probation Officer's report was not favourable to the applicant. The report indicated that the applicant had not demonstrated remorse, had a history of changing residence, and was considered unlikely to comply with non-custodial orders. The court emphasized that the decongestion exercise is not automatic and is intended for convicts who show genuine signs of reform. In this case, the applicant did not meet the threshold for early release or conversion of his sentence to a non-custodial one. Accordingly, the court ordered that the applicant serve the remainder of his custodial sentence.
Court Disposition
Application for sentence review declined.
Orders
- The applicant, Joel Kirui Kimutai, shall serve the remainder of his prison sentence.
Full Case Text
Judgment text and source record
22 paragraphs
Kimutai v Republic (Revision Case E027 of 2023) [2023] KEHC 22101 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22101 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E027 of 2023
HM Nyaga, J
August 22, 2023
Between
Joel Kirui Kimutai
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 Joel Kirui Kimutai was convicted for the offence of Stealing by Servant contrary to Section 281 of the Penal Codeand sentenced to serve 1-year imprisonment on March 21, 2023.
3. He has so far served 5 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 Probation Officer, Miriam Ngochoi recommends that he should remain in prison and serve the entirety of his custodial sentence.
5. According to the said Report the convict is a casual labourer and prior to his arrest he was staying at home with his wife and five of his children. He has not been visited by any of his family members while in custody. However, his wife indicated readiness to accept him back so he can continue to fend for his family upon his release. The prison officers state that the convict has been performing farming activities while in prison. The Applicant has not expressly demonstrated remorse and is pleading for a chance to serve a non- custodial sentence. However, the convict has a history of regular change of residence. Additionally, he portrays a cunning character and the Probation Officer believes that if he is set free, this could compromise his compliance with non- custodial orders and therefore, does not recommend him for review.
6. This exercise is not just about decongesting the prisons. It is also meant to give convicts who show signs of reform a second chance in life. In this case the report is not favourable to the convict.
7. In light of the above, I decline to grant the plea for review. I order that the convict, Joel Kirui Kimutai, serves the remainder of the prison sentence.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:Ms Murunga for stateApplicant