[2024] KEHC 5990 (KLR)
The court found that the applicant suffers from drug resistant tuberculosis, a condition confirmed by medical documentation and official reports. Continued incarceration would likely result in the spread of the disease to other inmates, posing a significant public health risk. The recommendations from the probation...
Source-derived case information.
- Citation
- [2024] KEHC 5990 (KLR)
- Parties
- Applicant: Boniface Kemboi Komen alias Agose; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E006 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence allowed; applicant unconditionally discharged
- Judges
- RB Ngetich
- Legal Topics
- Sentencing Revision, Threatening to Kill, Penal Code Section 223, Prisoner Health, Public Health in Prisons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Kemboi Komen alias Agose
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's sentence should be revised on grounds of ill health (drug resistant tuberculosis).
- 2 Whether continued incarceration poses a public health risk to other inmates.
Ratio Decidendi
The court found that the applicant suffers from drug resistant tuberculosis, a condition confirmed by medical documentation and official reports. Continued incarceration would likely result in the spread of the disease to other inmates, posing a significant public health risk. The recommendations from the probation officer, prison administration, local administration, and medical officer all supported the applicant's release to facilitate treatment and prevent further transmission. In light of these compelling humanitarian and public health considerations, the court exercised its discretion to revise the sentence and ordered the applicant's unconditional discharge.
Court Disposition
application for revision of sentence allowed; applicant unconditionally discharged
Orders
- The applicant is hereby discharged unconditionally.
- The family of the applicant to undertake to treat the applicant to prevent spreading the disease.
Full Case Text
Judgment text and source record
21 paragraphs
Komen v Republic (Criminal Revision E006 of 2024) [2024] KEHC 5990 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5990 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Revision E006 of 2024
RB Ngetich, J
May 23, 2024
Between
Boniface Kemboi Komen alias Agose
Applicant
and
Republic
Respondent
Ruling
1. The applicant herein was charged with the offence of threatening to kill contrary to section 223(1) of the Penal Code. He was convicted and sentenced to serve 2 years imprisonment. He is due to complete sentence on 22nd October 2024. He has now filed application for revision of sentence on ground of ill health.
2. I have perused and considered applicant’s application for revision of sentence. In his affidavit. he states that he is suffering from Tuberculosis and he is likely to infect other inmates in prison.
3. The probation officer’s report dated 24th May 2024 confirm that the applicant suffers from drug resistant tuberculosis and is likely to infect other inmates with the disease. Treatment documents have been attached to the application.
4. The local administration, prison Administration and medical officer recommend release of the applicant so that he can be treated while out of prison and prevent spread of the disease to other inmates.
5. In view of the above, I hereby hallow application for revision of sentence and order unconditional discharge of the applicant herein.
6. Final Orders:1. The applicant is hereby discharged unconditionally2. The family of the applicant to undertake to treat the applicant to prevent spreading the disease.
RULING DELIVERED, DATED AND SIGNED THIS 23RD DAY OF MAY, 2024 IN THE ABSENCE OF THE APPLICANTRACHEL NGETICH J.