[2023] KEHC 22123 (KLR)
The court found that the applicant had served a significant portion of his custodial sentence, demonstrated remorse, and received positive recommendations from prison authorities, his family, and the area chief. In the context of the ongoing Prisons Decongestion Exercise, and based on the Sentence Review Report...
Source-derived case information.
- Citation
- [2023] KEHC 22123 (KLR)
- Parties
- Applicant: Wesley Kipkirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E037 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence revised to community service order.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Prison Decongestion, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesley Kipkirui
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 under 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 had served a significant portion of his custodial sentence, demonstrated remorse, and received positive recommendations from prison authorities, his family, and the area chief. In the context of the ongoing Prisons Decongestion Exercise, and based on the Sentence Review Report recommending community service, the court exercised its discretion to revise the sentence. The custodial sentence was substituted with a community service order at Baringo Primary School for the remainder of the sentence, under supervision, to facilitate the applicant's reintegration into society while still serving his punishment.
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant is released from prison forthwith.
- The applicant is to serve the remainder of his sentence on community service at Baringo Primary School under the supervision of the school’s duty officer.
Full Case Text
Judgment text and source record
21 paragraphs
Kipkirui v Republic (Revision Case E037 of 2023) [2023] KEHC 22123 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22123 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E037 of 2023
HM Nyaga, J
August 22, 2023
Between
Wesley Kipkirui
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 Wesley Kipkirui was convicted for the offence of Stealing contrary to section 258 as read with section 275 of the Penal Codeand sentenced to pay a fine of Kshs. 50,000 and in default serve 1-year imprisonment on May 30, 2023.
3. He has so far served about 4 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Dorothy Bett recommends community service.
5. According to the said Report the convict intends to go back home and live with his family who will provide him with basic needs until he finds a job. He enjoyed a cordial relationship with them prior to his arrest and they all believe he has learnt his lesson and can be released. The prison officers vouched for his release stating that he has demonstrated a positive change after undergoing counselling geared towards behavioural change. The area chief also vouches for him and believes he is deserving of a non-custodial sentence. 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 Baringo Primary School under the supervision of the school’s duty officer for the remainder of his sentence.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant