[2023] KEHC 22044 (KLR)
The court found that the applicant had served a significant portion of his sentence, demonstrated good conduct, reconciled with the complainant, and had a supportive home environment. The Sentence Review Report and recommendations from the Community Service Officer, prison authorities, and local administrator...
Source-derived case information.
- Citation
- [2023] KEHC 22044 (KLR)
- Parties
- Applicant: Hillary Kibet Kosgei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E085 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Application for sentence review allowed. Remainder of custodial sentence suspended; applicant to serve community service.
- Judges
- HM Nyaga
- Legal Topics
- Arson Offences, Sentence Review, Prison Decongestion, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hillary Kibet Kosgei
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review and Prison Decongestion
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence under the prison decongestion exercise.
- 2 Whether the applicant is a suitable candidate for community service based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant had served a significant portion of his sentence, demonstrated good conduct, reconciled with the complainant, and had a supportive home environment. The Sentence Review Report and recommendations from the Community Service Officer, prison authorities, and local administrator confirmed the applicant's suitability for a non-custodial sentence. In the interest of decongesting prisons and promoting rehabilitation, the court exercised its discretion to suspend the remainder of the custodial sentence and ordered the applicant to serve the balance through community service at Barargei Primary School.
Court Disposition
Application for sentence review allowed. Remainder of custodial sentence suspended; applicant to serve community service.
Orders
- The remainder of the prison sentence is suspended.
- The applicant, Hillary Kibet Kosgei, is released from prison to perform community service at Barargei Primary School for the remainder of his sentence unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Kosgei v Republic (Revision Case E085 of 2023) [2023] KEHC 22044 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22044 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E085 of 2023
HM Nyaga, J
August 22, 2023
Between
Hillary Kibet Kosgei
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The Applicant Hillary Kibet Kosgei was convicted for the offence of Arson contrary to Section 332 (a) of thePenal and sentenced to serve 18 months imprisonment on 2nd February 2023.
3. He has so far served about 7 months in prison.
4. In the Sentence Review Report filed on 2nd August 2023 the Community Service Officer, N.O. Nancy recommends community service.
5. According to the said Report the convict intends to go back to their family land in Masaita Village on which he has built a home upon release. The home environment is conducive for his return and there is no challenge of accommodation. The inmate has since reconciled with the complainant (his cousin) and they are in good terms. The prison officers vouched for his release stating that he has been of good conduct. The area Local Administrator states that he is not a threat to the community as he has been of good conduct with no cases reported to him. 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 suspend the remainder of the prison sentence and order for the release of the convict Hillary Kibet Kosgei from prison to perform community service at Barargei Primary School for the remainder of his sentence forthwith unless otherwise lawfully held.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant