[2023] KEHC 22125 (KLR)
The court found that the applicant, having served about 7 months of his custodial sentence for breaking into a building and committing a felony, had demonstrated good conduct in prison, expressed remorse, and had support for reintegration from his family. The Sentence Review Report recommended community service, and...
Source-derived case information.
- Citation
- [2023] KEHC 22125 (KLR)
- Parties
- Applicant: Robert Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E046 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence reviewed and substituted with community service order.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Community Service Orders, Prison Decongestion, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a community service order under the ongoing prison decongestion exercise.
Ratio Decidendi
The court found that the applicant, having served about 7 months of his custodial sentence for breaking into a building and committing a felony, had demonstrated good conduct in prison, expressed remorse, and had support for reintegration from his family. The Sentence Review Report recommended community service, and the state did not object. In light of the ongoing prison decongestion exercise and the applicant's circumstances, the court exercised its discretion to review the sentence and substitute the remainder of the custodial sentence with a community service order at Kaptamoita Primary School.
Court Disposition
Custodial sentence reviewed and substituted with community service order.
Orders
- The applicant, Robert Langat, to serve community service at Kaptamoita Primary School for the remainder of the sentence.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Langat v Republic (Revision Case E046 of 2023) [2023] KEHC 22125 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22125 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E046 of 2023
HM Nyaga, J
August 22, 2023
Between
Robert 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, Robert Langat was convicted for the offence of breaking into a building and committing a felony contrary to section 306 (a) of thePenal Codeand sentenced to pay a fine of Kshs 50,000/= and in default serve 2 years’ imprisonment on March 9, 2023.
3. He has so far served about 7 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, NO Nancy recommends Community Service at Kaptamoita Primary for the remainder of his sentence.
5. The report further states that the officers at Nakuru Main Prison report that he has been of good conduct. Working in the prison shamba. His wife was also contacted and expressed willingness to help him reintegrate if released.
6. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion to review the prison sentence and order that the convict, Robert Langat serve community service at Kaptamoita Primary School for the remainder of the sentence.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant