[2024] KEHC 10932 (KLR)
The court found that the applicant, having only six months left to serve, demonstrated good behaviour and remorse, and was positively evaluated in both the probation and prison reports. In line with the Chief Justice's decongestion memo, the court determined that the applicant was eligible for a non-custodial...
Source-derived case information.
- Citation
- [2024] KEHC 10932 (KLR)
- Parties
- Applicant: Sylvia Wanjira Kithae; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 212 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence substituted with community service order
- Judges
- DR Kavedza
- Legal Topics
- Stealing by Servant, Sentencing Revision, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvia Wanjira Kithae
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and rehabilitation support substitution of the custodial sentence with community service.
Ratio Decidendi
The court found that the applicant, having only six months left to serve, demonstrated good behaviour and remorse, and was positively evaluated in both the probation and prison reports. In line with the Chief Justice's decongestion memo, the court determined that the applicant was eligible for a non-custodial sentence. Accordingly, the remaining custodial sentence was substituted with a community service order for six months at Githemu Dispensary under probation supervision.
Court Disposition
custodial sentence substituted with community service order
Orders
- The applicant is placed on community service for six months at Githemu Dispensary under the supervision of the Officer in Charge, Kibera Probation Station.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Kithae v Republic (Criminal Revision 212 of 2024) [2024] KEHC 10932 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10932 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 212 of 2024
DR Kavedza, J
September 17, 2024
Between
Sylvia Wanjira Kithae
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that applicant was convicted by the trial court for the offence of stealing by servant contrary to section 281 of the Penal Code. She was sentenced to serve four years imprisonment. She filed a revision in Kibera Criminal Revision No. 44 of 2024, where, vide the ruling delivered on 1st March 2024, the sentence of four years was set aside and substituted with a sentence of two years imprisonment.
3. According to the Recommendation Report from Prison dated 7th August 2024, the applicant has 6 months left to complete her sentence. The Report also indicates that the Applicant has been of good behaviour since her admission to prison.
4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation programs while in prison and she remorseful about committing the offence.
5. The findings in the probation report are in favour of the applicant and I accordingly find that she is eligible for a non-custodial sentence.
6. I therefore order that the Applicant be placed on community service for six (6) months at Githemu Dispensary, under the supervision of the Officer in Charge, Kibera Probation Station.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ....................................................D. KAVEDZAJUDGE