[2024] KEHC 6330 (KLR)
The court found that the applicant, having a balance of two years on his sentence and demonstrating remorse, rehabilitation, and family support, met the criteria set out in the Chief Justice's decongestion memo. The favourable probation report further supported his eligibility for early release. Consequently, the...
Source-derived case information.
- Citation
- [2024] KEHC 6330 (KLR)
- Parties
- Applicant: Francis Lingiso Alias Fura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 76 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- Application allowed. Custodial sentence substituted with probation under community service order for six months.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Non Custodial Sentences, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Lingiso Alias Fura
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant qualifies for early release under the Chief Justice's decongestion memo.
- 2 Whether the applicant should be granted a non-custodial sentence in lieu of the remaining custodial term.
Ratio Decidendi
The court found that the applicant, having a balance of two years on his sentence and demonstrating remorse, rehabilitation, and family support, met the criteria set out in the Chief Justice's decongestion memo. The favourable probation report further supported his eligibility for early release. Consequently, the court exercised its discretion to substitute the remaining custodial sentence with a non-custodial sentence, specifically a probation order under community service for six months.
Court Disposition
Application allowed. Custodial sentence substituted with probation under community service order for six months.
Orders
- The applicant is placed on probation under the community service order for a period of six months.
Full Case Text
Judgment text and source record
20 paragraphs
Lingiso alias Fura v Republic (Criminal Revision 76 of 2024) [2024] KEHC 6330 (KLR) (28 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6330 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 76 of 2024
DR Kavedza, J
May 28, 2024
Between
Francis Lingiso Alias Fura
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 applicant was charged and convicted for the offence of preparation to commit a felony contrary to section 308 (1) of the Penal Code. After a full trial he was convicted and sentenced to serve seven (7) years imprisonment. The probation report availed in court indicates that the applicant has a balance of 2 years on his sentence. Additionally, the report indicates that the applicant is remorseful and prays that he be granted community service.
3. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the report found in his favour. In my view, the applicant is eligible for a non-custodial sentence.
5. I therefore direct that the applicant be placed on probation under the community service order for a period of six (6) months.It is so ordered.
RULING DELIVERED VIRTUALLY THIS DAY 28TH DAY OF MAY 2024. D. KAVEDZAJUDGE