[2023] KEHC 22061 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the applicant's remorse, admission of guilt, family support, and the recommendation of the Community Service Officer. The decision was further influenced by the ongoing prison decongestion exercise....
Source-derived case information.
- Citation
- [2023] KEHC 22061 (KLR)
- Parties
- Applicant: Nixon Lagat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E158 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised; applicant released from prison and placed on community service order for three months.
- Judges
- HM Nyaga
- Legal Topics
- House Breaking, Stealing, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nixon Lagat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be released from prison and placed on community service in light of the prison decongestion exercise.
- 2 Whether the applicant's remorse and family support justify a revision of the custodial sentence.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the applicant's remorse, admission of guilt, family support, and the recommendation of the Community Service Officer. The decision was further influenced by the ongoing prison decongestion exercise. The court found that the interests of justice and rehabilitation would be better served by releasing the applicant from prison and placing him under supervised community service for the remainder of his sentence, with clear instructions for monitoring and consequences for breach.
Court Disposition
Custodial sentence revised; applicant released from prison and placed on community service order for three months.
Orders
- The applicant is released from prison forthwith and placed on community service at Kampi Moto Assistant County Commissioner’s office for three months.
- The applicant shall be supervised by the Chief, Kipsogon location, with weekly reports to the Probation Officer, Nakuru.
Full Case Text
Judgment text and source record
23 paragraphs
Lagat v Republic (Revision Case E158 of 2023) [2023] KEHC 22061 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22061 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E158 of 2023
HM Nyaga, J
August 22, 2023
Between
Nixon Lagat
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, Nixon Lagat was convicted for the offence of house breaking contrary to section 304 (1) (b) and stealing contrary to section 279(b) of thePenal Codeand sentenced to serve 18 months’ imprisonment on February 16, 2023.
3. He has so far served about 7 months in prison.
4. According to the Sentence Review Report filed on July 28, 2023, the Community Service Officer, Samuel Ndung’u recommends Community Service at Kampi Moto Assistant County Commissioner’s Office for a period of three months.
5. The report further states that the convict’s father is ready to receive him upon release from prison and that the applicant admits committing the offence and he is remorseful.
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 Kampi Moto Assistant County Commissioner’s office for three months. He shall be closely supervised by the Chief, Kipsogon location who shall ensure the convict religiously performs any assigned community service to his satisfaction and weekly reports made to the Probation Officer, Nakuru who shall monitor the behaviour of the convict for the remainder of the sentence.
7. The applicant is, as required, made aware that in the event of a breach, the CSO order shall be revoked and he shall be returned to prison to serve the entire prison term imposed and not served.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22NDAUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant -