[2023] KEHC 22131 (KLR)
The court found that the applicant, having served part of his sentence and demonstrated remorse, positive behavioural change, and readiness for reintegration, is a suitable candidate for a non-custodial sentence. The Sentence Review Report and the recommendation from the Community Service Officer supported the...
Source-derived case information.
- Citation
- [2023] KEHC 22131 (KLR)
- Parties
- Applicant: Thomas Kipkorir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E073 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed and substituted with community service order.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Community Service Orders, Prison Decongestion, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Kipkorir
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a community service order in light of the prison decongestion exercise.
- 2 Whether the applicant is a suitable candidate for a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having served part of his sentence and demonstrated remorse, positive behavioural change, and readiness for reintegration, is a suitable candidate for a non-custodial sentence. The Sentence Review Report and the recommendation from the Community Service Officer supported the substitution of the remaining custodial sentence with community service. The court exercised its discretion, particularly in the context of the ongoing prison decongestion exercise, to order that the applicant serve the remainder of his sentence as community service at Karima Primary School.
Court Disposition
Custodial sentence reviewed and substituted with community service order.
Orders
- The applicant, Thomas Kipkorir, to serve community service at Karima Primary School for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Kipkorir v Republic (Revision Case E073 of 2023) [2023] KEHC 22131 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22131 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E073 of 2023
HM Nyaga, J
August 22, 2023
Between
Thomas Kipkorir
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, Thomas Kipkorir was convicted for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code and sentenced to serve 1 years’ imprisonment on April 11, 2023. He has so far served about 5 months in prison.
3. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Antony Kihato recommends Community Service at Karima Primary School for the remainder of his sentence.
4. The report further states that the convict, upon release from prison, plans to go back and live with his father. He will provide for himself since he has some masonry skills that he had acquired prior to his arrest.
5. 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 applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
6. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion to review the prison sentence and order that the convict, Thomas Kipkorir serve community service at Karima Primary School for the remainder of the sentence.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22NDAUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant