[2023] KEHC 22086 (KLR)
The court found that the applicant, having served part of his sentence, demonstrated good conduct, remorse, and willingness to serve a non-custodial sentence. The Sentence Review Report recommended community service, and the applicant's personal circumstances, including his family situation and trade skills,...
Source-derived case information.
- Citation
- [2023] KEHC 22086 (KLR)
- Parties
- Applicant: Robert Korir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E024 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Sentence revised; applicant released from prison and placed on community service for the remainder of the sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Prison Decongestion, Non Custodial Sentences
- 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 Korir
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence in light of the prison decongestion exercise.
- 2 Whether the applicant is suitable for community service based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having served part of his sentence, demonstrated good conduct, remorse, and willingness to serve a non-custodial sentence. The Sentence Review Report recommended community service, and the applicant's personal circumstances, including his family situation and trade skills, supported his suitability for a non-custodial sentence. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to revise the sentence from imprisonment to community service for the remainder of the sentence.
Court Disposition
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.
- The applicant shall serve community service at Kipsirichet Chief’s Camp for the remainder of his sentence.
Full Case Text
Judgment text and source record
21 paragraphs
Korir v Republic (Revision Case E024 of 2023) [2023] KEHC 22086 (KLR) (22 August 2023) (Revision)
Neutral citation: [2023] KEHC 22086 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E024 of 2023
HM Nyaga, J
August 22, 2023
Between
Robert Korir
Applicant
and
Republic
Respondent
Revision
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The Applicant Robert Korir was convicted for the offence of Stealing Motor Vehicle Parts contrary to Section 279 (c) of the Penal Code and sentenced to pay a fine of Kshs. 50,000 and in default, serve 1-year imprisonment on May 10, 2023.
3. He has so far served about 3 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Kevin Kariuki recommends community service.
5. According to the said Report the convict has a motor vehicle (mechanics) course which he was using as a trade prior to his arrest. He is married and expecting a baby with his wife. He intends to go back to working as a mechanic upon his release. Only one uncle visited him while in prison. The prison officers say he has been conducting himself well and has been a cleaner in the staff dispensary. The Applicant is remorseful and is willing to serve a non- custodial sentence.
6. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and order the Convict/Applicant be released from prison forthwith and be placed on Community Service at Kipsirichet Chief’s Camp for the remainder of his sentence.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGE