[2023] KEHC 22021 (KLR)
The court found that the applicant, having served part of his sentence and demonstrated reformation, was a suitable candidate for community service. The Sentence Review Report, the complainant's forgiveness, and the area chief's support indicated that the objectives of punishment and rehabilitation could be met...
Source-derived case information.
- Citation
- [2023] KEHC 22021 (KLR)
- Parties
- Applicant: Gilbert Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E028 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; applicant released to serve remainder under community service
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Prison Decongestion, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised from imprisonment to community service in light of 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, having served part of his sentence and demonstrated reformation, was a suitable candidate for community service. The Sentence Review Report, the complainant's forgiveness, and the area chief's support indicated that the objectives of punishment and rehabilitation could be met outside prison. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to substitute the remainder of the custodial sentence with a community service order at Kuresoi Police Station. The decision was guided by statutory provisions allowing sentence revision and the policy objective of reducing prison overcrowding while ensuring public safety...
Court Disposition
sentence revised; applicant released to serve remainder under community service
Orders
- The applicant is released from prison forthwith.
- The applicant shall serve the remainder of his sentence under community service at Kuresoi Police Station.
Full Case Text
Judgment text and source record
23 paragraphs
Langat v Republic (Revision Case E028 of 2023) [2023] KEHC 22021 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22021 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E028 of 2023
HM Nyaga, J
August 22, 2023
Between
Gilbert Langat
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, Gilbert Langat was convicted for the offence of breaking into a house contrary to section 304 (1) (b) and stealing contrary to section 27 (g) (b) of the Penal Code and sentenced to serve 18 months’ imprisonment on March 6, 2023.
3. He has so far served about 6 months in prison and had previously served 1 month in remand custody.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Newton Majale, recommends Community Service at Kuresol Police Station for the remainder of his sentence.
5. The report further states that the inmate is a class 7 drop out who had ventured into farming for family sustenance. He attributed commission of the offence to hard economic life with the pressing demands to maintain his family. He hopes to go back to his home where he will live with his wife who will support him settle down before resuming casual jobs for a living. He has a good relationship with his family and frequently communicates with them through the prison welfare phone.
6. The inmate has not undergone any kind of counselling hence no skill acquired. He is attached to the Molo Law Courts where he performs general cleanliness duties at the court premises. The Complainant in the case was the inmate’s uncle and has since forgiven him and is not against his immediate release. Additionally, the area chief believes that he has reformed and can be released to serve the remainder of his sentence.
7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and order that the convict be released from prison and that he serves the remainder of the sentence under community service at Kuresoi Police Station.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant -