[2023] KEHC 22063 (KLR)
The court found that, in light of the ongoing prison decongestion exercise and the positive recommendation in the Sentence Review Report, the applicant was a suitable candidate for a community service order. The applicant had served part of his sentence, demonstrated good conduct, acquired skills, and had a...
Source-derived case information.
- Citation
- [2023] KEHC 22063 (KLR)
- Parties
- Applicant: Noah Kiptanui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E079 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
- Malicious Damage to Property, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Noah Kiptanui
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 community service based on the Sentence Review Report.
Ratio Decidendi
The court found that, in light of the ongoing prison decongestion exercise and the positive recommendation in the Sentence Review Report, the applicant was a suitable candidate for a community service order. The applicant had served part of his sentence, demonstrated good conduct, acquired skills, and had a supportive family environment. The court exercised its discretion to substitute the remaining custodial sentence with a community service order at Tulwet Primary School, considering both the interests of justice and the need to decongest prisons.
Court Disposition
Custodial sentence reviewed and substituted with community service order.
Orders
- The applicant, Noah Kiptanui, shall serve community service at Tulwet Primary School for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Kiptanui v Republic (Revision Case E079 of 2023) [2023] KEHC 22063 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22063 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E079 of 2023
HM Nyaga, J
August 22, 2023
Between
Noah Kiptanui
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, Noah Kiptanui was convicted for the offence of malicious damage to property contrary to section 339 (1) of thePenal Codeand sentenced to serve 2 years’ imprisonment on April 19, 2023.
3. He has so far served about 4 months in prison and had previously served 1 month in remand custody.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Dorothy Bett recommends Community Service at Tulwet Primary School for the remainder of his sentence.
5. The report further states that the inmate is a class 6 drop-out who before his arrest, engaged in casual farm work to earn a living and plans to go back home upon release and his family is ready to welcome him.
6. The report states that the inmate is attached to the building section and has attained masonry skills which he plans to use upon release to earn a living. He has also received guidance and counselling.
7. 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, Noah Kiptanui serve community service at Tulwet Primary School for the remainder of the sentence.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant