[2024] KEHC 2764 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for unlawfully removing forest produce, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence...
Source-derived case information.
- Citation
- [2024] KEHC 2764 (KLR)
- Parties
- Applicant: Paul Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E055 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Forest Offences, Sentence Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for community service as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for unlawfully removing forest produce, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Longoman Forest Station for two months, considering the need to decongest prison and the applicant's suitability for non-custodial rehabilitation.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of his sentence under community service at Longoman Forest Station for two months.
Full Case Text
Judgment text and source record
22 paragraphs
Kirui v Republic (Revision Case E055 of 2024) [2024] KEHC 2764 (KLR) (15 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2764 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E055 of 2024
HM Nyaga, J
March 15, 2024
Between
Paul Kirui
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of;Removing forest produce from a public forest without authority Contrary to Section 64(1) (a) as read with Section 64(2) and 68(1) of The Forest Conservation and Management Act of 2016. The particulars are that;On the 7th day of January 2024 at Logman Public Forest in Njoro Sub County within Nakuru County unlawfully removed forest produce to wit 4 cider posts with a total destruction caused estimated at Kshs. 50,000/- the property of Kenya Forest Service without a permit or a management agreement issued or entered into by Kenya Forest Service.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 100,000/- in default to serve six (6) months imprisonment.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Longoman Forest Station.
6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Longoman Forest Station for Two (2) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 15THDAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state