[2023] KEHC 22026 (KLR)
The court found that the applicant, having served about seven months of a one-year sentence for house breaking and stealing, demonstrated remorse, positive behavioral change, and readiness for reintegration into society. The probation report recommended community service, and the prison authorities supported his...
Source-derived case information.
- Citation
- [2023] KEHC 22026 (KLR)
- Parties
- Applicant: John Warari Kinyanjui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E065 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Application for sentence revision allowed; custodial sentence substituted with community service order.
- Judges
- HM Nyaga
- Legal Topics
- House Breaking, Stealing, Sentence Review, Community Service Order, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Warari Kinyanjui
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 under the prison decongestion exercise.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that the applicant, having served about seven months of a one-year sentence for house breaking and stealing, demonstrated remorse, positive behavioral change, and readiness for reintegration into society. The probation report recommended community service, and the prison authorities supported his release. The church leadership, though unable to recover the stolen items, forgave the applicant. In the interest of prison decongestion and based on the applicant's suitability for a non-custodial sentence, the court exercised its discretion to order his immediate release from prison and placement on community service for the remainder of his sentence.
Court Disposition
Application for sentence revision allowed; custodial sentence substituted with community service order.
Orders
- The applicant is released from prison forthwith.
- The applicant is placed on Community Service at Elburgon Police Station for the remainder of his sentence.
Full Case Text
Judgment text and source record
23 paragraphs
Kinyanjui v Republic (Revision Case E065 of 2023) [2023] KEHC 22026 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22026 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E065 of 2023
HM Nyaga, J
August 22, 2023
Between
John Warari Kinyanjui
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.
2. The Applicant, John Warari Kinyanjui was convicted for the offence of house breaking contrary to section 304 (1) (b) and stealing contrary to section 279 (b) of the Penal Code and sentenced to serve 1-year imprisonment on March 15, 2023.
3. He has so far served about 7 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Probation Officer, Miria Jerop Ngochoi, recommends Community Service at Elburgon Police Station for the remainder of his sentence.
5. The report further states that the inmate is a class 4 dropout and engages in small businesses i.e. sale of assorted items. His wife and family are ready to provide for him during resettlement and reintegration in Elburgon Township for fear of stigma in Molo Township.
6. The report states that the convict did not undergo any formal training while in prison; has received counselling geared towards general behavioural chance and the prison authorities vouched for his release stating that he has portrayed a positive change. The church leadership indicated that they were not able to recover their stolen items and prayed that the inmate has learnt a lesson. They further indicated that they have forgiven him. He owned a motorcycle which he intends to operate as bodaboda to earn a living. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
7. 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 Elburgon Police Station for the remainder of his sentence.
8. File closed.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant