[2023] KEHC 3742 (KLR)
The court found that the time already served by the applicant in custody was sufficient for the purposes of punishment and deterrence, considering his remorse, family situation, and positive conduct in prison. The court exercised its discretion to substitute the remaining custodial sentence with a community service...
Source-derived case information.
- Citation
- [2023] KEHC 3742 (KLR)
- Parties
- Applicant: Daniel Kinuthia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E458 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Sentence reviewed; custodial sentence substituted with community service order.
- Judges
- HM Nyaga
- Legal Topics
- Wildlife Offences, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kinuthia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive in the circumstances.
- 2 Whether the applicant should be released from prison and placed on community service.
Ratio Decidendi
The court found that the time already served by the applicant in custody was sufficient for the purposes of punishment and deterrence, considering his remorse, family situation, and positive conduct in prison. The court exercised its discretion to substitute the remaining custodial sentence with a community service order, balancing the need for punishment with the objectives of rehabilitation and decongestion of prisons. The applicant was ordered to serve the remainder of his sentence through community service at Kiambogo Chief’s Office under supervision, with the warning that any breach would result in recommittal to prison.
Court Disposition
Sentence reviewed; custodial sentence substituted with community service order.
Orders
- The applicant is released from prison forthwith and placed on community service at Kiambogo Chief’s Office for the remainder of his sentence.
- The applicant shall be supervised by the Chief, Kiambogo location, and weekly reports shall be made to the Probation Officer, Nakuru.
Full Case Text
Judgment text and source record
23 paragraphs
Kinuthia v Republic (Criminal Revision E458 of 2022) [2023] KEHC 3742 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3742 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E458 of 2022
HM Nyaga, J
April 27, 2023
Between
Daniel Kinuthia
Applicant
and
Republic
Respondent
Ruling
1. The Applicant, Daniel Kinuthia was convicted on his own plea of guilty for the offence of Dealing in meat wildlife species without permit or other lawful exemption and hunting of Wildlife species without permit or other lawful exemption contrary to Sections 98(1) and 97 of the Wildlife Conservation and Management Act 2013(Amended) respectively.
2. He was sentenced to serve 5 years’ imprisonment.
3. In the Sentence Review Report filed on 5th July, 2021, the Probation Officer, Salim A.G, recommends 1-year probation.
4. According to the said Sentence report, the convict schooled up to class 3 and dropped out due to parental neglect. He is a widower with four children. His family is ready to welcome him home to support his young ones. He has been participating in prison farms operations. He is remorseful and pleads for leniency.
5. With a view to decongest prison, I am of the view that this Court should invoke its unfettered discretion. If the sentence imposed was meant to teach him a lesson, I think that the time spent in custody so far is sufficient for that purpose.
6. I therefore order that the Convict/Applicant be released from prison forthwith and be placed on Community Service at Kiambogo Chief’s Office for the remaining period of his sentence. He shall be closely supervised by the Chief, Kiambogo location who shall ensure the convict religiously performs any assigned duties to his satisfaction and weekly reports made to the Probation Officer, Nakuru who shall monitor the behaviour of the convict for the remainder of the sentence.
7. The applicant is, as required, made aware that in the event of a breach, the Community Service order shall be revoked and he shall be committed back to prison to serve the remaining term imposed and not served.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant present