[2023] KEHC 2530 (KLR)
The court found that the applicant, having pleaded guilty to arson and served over a year of his sentence, is a young first offender with no prior criminal record and has demonstrated remorse and positive conduct while incarcerated. The Sentence Review Report recommended community service, and the state did not...
Source-derived case information.
- Citation
- [2023] KEHC 2530 (KLR)
- Parties
- Applicant: Wesley Kipkoech Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 189 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence revised; applicant released from prison and placed on community service for the remainder of the sentence.
- Judges
- HM Nyaga
- Legal Topics
- Arson, Sentencing Review, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesley Kipkoech Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be revised from imprisonment to community service in light of the Sentence Review Report and personal circumstances.
- 2 Whether the court should exercise its discretion to decongest prison by substituting the custodial sentence with a community service order.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to arson and served over a year of his sentence, is a young first offender with no prior criminal record and has demonstrated remorse and positive conduct while incarcerated. The Sentence Review Report recommended community service, and the state did not oppose this. In the interest of decongesting prisons and considering the applicant's circumstances, the court exercised its discretion to substitute the remaining custodial sentence with a community service order, subject to strict supervision and compliance conditions.
Court Disposition
Custodial sentence revised; applicant released from prison and placed on community service for the remainder of the sentence.
Orders
- The applicant is released from prison forthwith and placed on community service at Kapkures Assistant County Commissioner’s office for the remaining period of his sentence.
- The applicant shall be supervised by the Chief, Kapkures location, with weekly reports to the Probation Officer, Nakuru.
Full Case Text
Judgment text and source record
22 paragraphs
Kirui v Republic (Revision Case 189 of 2022) [2023] KEHC 2530 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2530 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case 189 of 2022
HM Nyaga, J
March 28, 2023
Between
Wesley Kipkoech Kirui
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Wesley Kipkoech Kirui was convicted on his own plea of guilty for the offence of Arson contrary to Section 332 (a) of the Penal Code and sentenced to serve two and a half (2 ½) years imprisonment on February 11, 2022. He has served about 1 year 1 month in prison. The total value of the destroyed property being 50 fencing Post and 10 pine trees is Kshs 190,000/=.
2. In the Sentence Review Report filed on March 1, 2023, the Community Service Officer, Salim AG recommends community service.
3. According to the said Sentence report, the convict is 21 years old and has no previous Criminal Records. He dropped out of school in Class seven. He has engaged in Shamba operations while in prison. He is remorseful and pleads for leniency.
4. With a view to decongest prison, I am of the view that this Court should invoke its unfettered discretion.
5. I therefore order that the Convict/Applicant be released from prison forthwith and be placed on Community Service at Kapkures Assistant County Commissioner’s office for the remaining period of his sentence. He shall be closely supervised by the Chief, Kapkures location who shall ensure the convict religiously performs any assigned community service to his satisfaction and weekly reports made to the Probation Officer, Nakuru who shall monitor the behaviour of the convict for the remainder of the sentence.
6. The applicant is, as required, made aware that in the event of a breach, the CSO order shall be revoked and he shall be returned to prison to serve the entire prison term imposed and not served.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 28TH MARCH, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant present