[2023] KEHC 22065 (KLR)
The court found that the applicant, having served about seven months of his custodial sentence, demonstrated good conduct in prison and received positive recommendations from the Community Service Officer and local administration. In the context of the ongoing prison decongestion exercise, and considering the...
Source-derived case information.
- Citation
- [2023] KEHC 22065 (KLR)
- Parties
- Applicant: Robert Kitur; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E049 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
- Sentence Review, Community Service Orders, Prison Decongestion, Breaking and Entering
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Robert Kitur
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed in light of the prison decongestion exercise.
- 2 Whether the applicant is suitable for community service as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having served about seven months of his custodial sentence, demonstrated good conduct in prison and received positive recommendations from the Community Service Officer and local administration. In the context of the ongoing prison decongestion exercise, and considering the applicant's remorse and suitability for non-custodial measures, the court exercised its discretion to substitute the remaining custodial sentence with a community service order at Chebara Primary. This approach aligns with the objectives of rehabilitation, reintegration, and alleviating prison overcrowding.
Court Disposition
Custodial sentence reviewed and substituted with community service order.
Orders
- The applicant, Robert Kitur, shall serve community service at Chebara Primary for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Kitur v Republic (Revision Case E049 of 2023) [2023] KEHC 22065 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22065 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E049 of 2023
HM Nyaga, J
August 22, 2023
Between
Robert Kitur
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, Robert Kitur was convicted for the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code and sentenced to pay a fine of Kshs 50,000/= and in default serve 2 years’ imprisonment on March 9, 2023.
3. He has so far served about 7 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, N O Nancy recommends Community Service at Chebara Chief’s Camp for the remainder of his sentence.
5. The inmate states that he had been a close friend to one of his co-accused who he says broke into the shop. He states that they normally buy each other alcohol and on the fateful day the first accused called him for a few drinks to which they broke into the complainant’s bar who happens to be the employer of the co-accused hence his current tribulations.
6. The officers in Nakuru Main Prison report that he has been of good conduct. He is attached to the sweeping section. However, he has not acquired any new skills during his period in prison but he is a trained driver. The local administration vouches for his release, stating that the home environment is conducive and believes that the inmate has learnt his lesson.
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, Robert Kitur serve community service at Chebara Primary 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