[2023] KEHC 22079 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the positive recommendation from the Community Service Officer, the applicant's conduct and rehabilitation while in prison, and the broader objective of decongesting prisons. The court found that the...
Source-derived case information.
- Citation
- [2023] KEHC 22079 (KLR)
- Parties
- Applicant: John Lizengwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E018 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; applicant to serve remainder under community service.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Lizengwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order under the prison decongestion exercise.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the positive recommendation from the Community Service Officer, the applicant's conduct and rehabilitation while in prison, and the broader objective of decongesting prisons. The court found that the interests of justice would be served by allowing the applicant to serve the remainder of his sentence under community service at Mau Summit Police Station, rather than continuing with incarceration.
Court Disposition
Sentence revised; applicant to serve remainder under community service.
Orders
- The remainder of the applicant's sentence shall be served under community service at Mau Summit Police Station.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Lizengwa v Republic (Revision Case E018 of 2023) [2023] KEHC 22079 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22079 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E018 of 2023
HM Nyaga, J
August 22, 2023
Between
John Lizengwa
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, John Lizengwa was convicted for the offence of house breaking contrary to section 304 (1) (a) of the penal codeand sentenced to serve 9 months’ imprisonment on March 16, 2023.
3. He has so far served about 6 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Miriam Ngochoi, recommends Community Service at Mau Summit Police Station for the remainder of his sentence.
5. The inmate is a class seven drop out who before his arrest had been engaging in casual work.
6. The report states that the inmate has been attached to the farm section while in prison and received guidance and counselling.
7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and revise the sentence and now order that the convict serves the remainder of the sentence under community service at Mau Summit 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