[2023] KEHC 22115 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence to a non-custodial sentence based on the positive recommendations in the Sentence Review Report, the applicant's remorse, good conduct in prison, and the ongoing Prisons Decongestion Exercise. The court found that the interests of...
Source-derived case information.
- Citation
- [2023] KEHC 22115 (KLR)
- Parties
- Applicant: Robert Kimutai Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E067 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Custodial sentence revised to community service order.
- Judges
- HM Nyaga
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentence Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Kimutai Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
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 applicant is suitable for community service based on the Sentence Review Report.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence to a non-custodial sentence based on the positive recommendations in the Sentence Review Report, the applicant's remorse, good conduct in prison, and the ongoing Prisons Decongestion Exercise. The court found that the interests of justice would be served by releasing the applicant from prison and placing him on community service for the remainder of his sentence.
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant is released from prison forthwith.
- The applicant is placed on community service at Lelaitich Primary School for the remainder of his sentence.
Full Case Text
Judgment text and source record
22 paragraphs
Kirui v Republic (Revision Case E067 of 2023) [2023] KEHC 22115 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22115 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E067 of 2023
HM Nyaga, J
August 22, 2023
Between
Robert Kimutai Kirui
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 Robert Kimutai Kirui was convicted for the offence of Assault Causing Actual Bodily Harm contrary to Section 251 of the Penal Code and sentenced to serve 1 year imprisonment on February 6, 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, Kevin Kariuki recommends community service.
5. According to the said Report the convict is a class 3 dropout and is still single. He intends to take part in farming activities should he go back home. The prison officers say he has been conducting himself well and he was employed to the masonry department while in custody. 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 Lelaitich Primary School for the remainder of his sentence.
7. File closed.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGE