[2023] KEHC 22124 (KLR)
The court found that the applicant had demonstrated remorse, good conduct during incarceration, and a willingness to serve a non-custodial sentence. The Sentence Review Report recommended community service, and the State did not oppose the application. In the context of the ongoing prison decongestion exercise, the...
Source-derived case information.
- Citation
- [2023] KEHC 22124 (KLR)
- Parties
- Applicant: Richard Kipkurui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E041 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, Preparation to Commit Felony, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kipkurui
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 had demonstrated remorse, good conduct during incarceration, and a willingness to serve a non-custodial sentence. The Sentence Review Report recommended community service, and the State did not oppose the application. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to review the sentence and substitute the remaining custodial term with a community service order at Chemaner Chief’s Camp. The court was satisfied that this would serve the interests of justice, rehabilitation, and public policy objectives of reducing prison overcrowding.
Court Disposition
Custodial sentence reviewed and substituted with community service order.
Orders
- The applicant, Richard Kipkurui, shall serve community service at Chemaner Chief’s Camp for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
24 paragraphs
Kipkurui v Republic (Revision Case E041 of 2023) [2023] KEHC 22124 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22124 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E041 of 2023
HM Nyaga, J
August 22, 2023
Between
Richard Kipkurui
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, Richard Kipkurui was convicted for the offence of Preparation to commit a felony contrary to section 308 (2) of the Penal Code and sentenced to pay a fine of Kshs. 20,000 and in default, serve 6 months’ imprisonment on 25th May 2023.
3. He has so far served about 2 months in prison.
4. According to the Sentence Review Report filed on 2nd August 2023, the Community Service Officer, Kevin Kariuki recommends Community Service at the Chemaner Chief’s Camp for the remainder of his sentence.
5. The report further states that the convict was engaged in hotel work prior to his incarceration and hopes to go back to the same when released, additionally, his wife has been visiting him in prison.
6. The report states that the C.S.O was informed by the prison officers that he has been conducting himself well in prison and has since been deployed to Nakuru Level 5 hospital where does cleaning, as well as received guidance and counselling.
7. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
8. 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, Richard Kipkurui serve community service at Chemaner Chief’s Camp for the remainder of the sentence.
9. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant