[2024] KEHC 10831 (KLR)
The court found that the applicants, having served a significant portion of their sentences and demonstrated remorse, rehabilitation, and family support, met the criteria set out in the Chief Justice's decongestion memo. The favourable probation reports and evidence of positive conduct in prison justified the...
Source-derived case information.
- Citation
- [2024] KEHC 10831 (KLR)
- Parties
- Applicant: Peter Manyeki Kuria; Applicant: Fredrick Otieno Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E028 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentences substituted with community service orders for both applicants.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Store Breaking, Non Custodial Sentences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Manyeki Kuria
Applicant
Fredrick Otieno Ogola
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicants qualify for substitution of custodial sentences with non-custodial sentences under the Chief Justice's decongestion memo.
- 2 Whether the applicants' conduct and probation reports justify early release and community service.
Ratio Decidendi
The court found that the applicants, having served a significant portion of their sentences and demonstrated remorse, rehabilitation, and family support, met the criteria set out in the Chief Justice's decongestion memo. The favourable probation reports and evidence of positive conduct in prison justified the substitution of the remaining custodial sentence with a non-custodial sentence. The court exercised its discretion to order community service for both applicants, considering the interests of justice, rehabilitation, and reintegration into society.
Court Disposition
Custodial sentences substituted with community service orders for both applicants.
Orders
- Peter Manyeki Kuria shall be placed on community service under the supervision of the Chief Dandora Phase 3 & 5 Chief’s Camp for a period of nine months.
- Fredrick Otieno Ogola shall be placed on community service under the supervision of the Probation Officer Kibera Sub-County for a period of nine months.
Full Case Text
Judgment text and source record
23 paragraphs
Kuria & another v Republic (Criminal Revision E028 of 2024) [2024] KEHC 10831 (KLR) (16 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10831 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E028 of 2024
DR Kavedza, J
September 16, 2024
Between
Peter Manyeki Kuria
1st Applicant
Fredrick Otieno Ogola
2nd 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. The applicants were charged and convicted for the offence of store breaking contrary to section 306(A) of the Penal Code. They were each sentenced to serve three (3) years imprisonment. He was sentenced to serve three (3) years imprisonment. Since their conviction, they have already served one (1) year and three (3) months.
3. The probation reports availed in court were favourable. Additionally, the report indicates that the applicants are remorseful and pray that they be granted community service.
4. As for their conduct in prison, the applicants have attended a number of trainings and counselling sessions, which have been instrumental in their rehabilitation process. Their families are also committed to helping them effectively rehabilitate and ensure successful reintegration into the community.
5. In view of the foregoing, it is my finding that the applicants are eligible for early release as the reports found in their favour. In my view, the applicants are eligible to an alternative sentence.
6. I therefore substitute the sentence of three years imposed and issue the following orders:i.Peter Manyeki Kuria shall be placed on community service under the supervision of the Chief Dandora Phase 3& 5 Chief’s Camp for a period of nine (9) months.ii.Fredrick Otieno Ogola shall be placed on community service under the supervision of the Probation Officer Kibera Sub-County for a period of nine (9) months.
RULING DELIVERED VIRTUALLY THIS 16THDAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE