[2023] KEHC 3901 (KLR)
The court found that, in light of the applicant's admission of guilt, remorse, family circumstances, and the positive recommendation in the Sentence Review Report, it was appropriate to exercise judicial discretion to substitute the remaining custodial sentence with a community service order. The court emphasized...
Source-derived case information.
- Citation
- [2023] KEHC 3901 (KLR)
- Parties
- Applicant: Gilbert Kipchirchir Alias Mnandi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E618 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence revised; applicant released from prison and placed on community service for the remainder of the sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Burglary, Handling Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gilbert Kipchirchir Alias Mnandi
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 through community service.
- 2 Whether the court should exercise its discretion to decongest prisons by substituting imprisonment with community service.
Ratio Decidendi
The court found that, in light of the applicant's admission of guilt, remorse, family circumstances, and the positive recommendation in the Sentence Review Report, it was appropriate to exercise judicial discretion to substitute the remaining custodial sentence with a community service order. The court emphasized the need to decongest prisons and considered that the applicant was a suitable candidate for community service. The applicant was ordered to serve the remainder of his sentence at Kamara Chief's office under supervision, with the warning that any breach would result in revocation of the order and return to prison to serve the full term.
Court Disposition
Custodial sentence revised; applicant released from prison and placed on community service for the remainder of the sentence.
Orders
- The applicant is released from prison forthwith and placed on community service at Kamara Chief's office for the remaining period of his sentence.
- The applicant shall be supervised by the Chief, Kamara location, with weekly reports to the Probation Officer, Nakuru.
Full Case Text
Judgment text and source record
23 paragraphs
Kipchirchir v Republic (Revision Case E618 of 2022) [2023] KEHC 3901 (KLR) (4 May 2023) (Ruling)
Neutral citation: [2023] KEHC 3901 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E618 of 2022
HM Nyaga, J
May 4, 2023
Between
Gilbert Kipchirchir
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Gilbert Kipchirchir Alias Mnandi was convicted on his own plea of guilty for the offence of Burglary contrary to Section 304(2) and handling stolen goods contrary to Section 322(1)(2) of the Penal Code.
2. He was sentenced to serve 18 months’ imprisonment on each count on November 22, 2022.
3. In the Sentence Review Report filed on February 1, 2023, the Community Service Officer, Kevin Kariuki recommends community service.
4. According to the said Sentence report, the convict is married with two children. He admits having committed the offence and states that he has learnt his lesson.
5. With a view to decongest prison, I am of the view that this Court should invoke its unfettered discretion.
6. I therefore order that the Convict/Applicant be released from prison forthwith and be placed on Community Service at Kamara Chief’s office for the remaining period of his sentence. He shall be closely supervised by the Chief, Kamara location who shall ensure the convict religiously performs any assigned community service 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 CSO order shall be revoked and he shall be returned to prison to serve the entire prison term imposed and not served.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 4TH MAY, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant - absent