[2023] KEHC 22116 (KLR)
The court found that the applicant, having served a substantial portion of his sentence, demonstrated remorse, and received a positive recommendation from the Community Service Officer, was a suitable candidate for a non-custodial sentence. The court exercised its discretion to substitute the remaining custodial...
Source-derived case information.
- Citation
- [2023] KEHC 22116 (KLR)
- Parties
- Applicant: Nicholus Kipsang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E074 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Custodial sentence revised to community service.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Forest Offences, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholus Kipsang
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence in light of the Prisons Decongestion Exercise.
- 2 Whether the circumstances of the offence and the applicant's conduct justify substitution of imprisonment with community service.
Ratio Decidendi
The court found that the applicant, having served a substantial portion of his sentence, demonstrated remorse, and received a positive recommendation from the Community Service Officer, was a suitable candidate for a non-custodial sentence. The court exercised its discretion to substitute the remaining custodial sentence with community service at Chagaiya Dispensary, aligning with the objectives of the Prisons Decongestion Exercise and the rehabilitative aims of sentencing.
Court Disposition
Custodial sentence revised to community service.
Orders
- The applicant, Nicholus Kipsang, shall serve community service at Chagaiya Dispensary for the remainder of his sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Kipsang v Republic (Revision Case E074 of 2023) [2023] KEHC 22116 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22116 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E074 of 2023
HM Nyaga, J
August 22, 2023
Between
Nicholus Kipsang
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, Nicholus Kipsang, was convicted for the offence of felling and cutting forest produce without authority contrary to section 64 (1) (a) as read with section 64(2) and 68 (1) of theForest Conservation and Management Act burning of forest produce in a public forest without authority contrary to the same sections of the aforementioned act. He was sentenced to pay a fine of Kshs 40,000 and in default serve 1-year imprisonment on April 14, 2023. He has so far served about 9 months in prison.
3. In the sentence review report filed on August 2, 2023 the Community Service Officer, Dorothy Bett recommends community service at Chagaiya Dispensary.
4. According to the said report the convict is a class 8 dropout who has been engaging in casual labour. He committed the offence as a result of financial challenges. He intends to go back home where he will engage in casual labour to earn a living. He keeps contact with his family through phone calls and they are ready to welcome him upon his release. The convict has been attached to the farm section while in prison and has undergone guidance and counselling. He is remorseful and willing to serve a non- custodial sentence.
5. 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, Nicholus Kipsang serve community service at Chagaiya Dispensary for the remainder of the sentence.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant