[2024] KEHC 3087 (KLR)
The court found that the applicant, having served a substantial portion of his two-year custodial sentence for breaking into a building and committing a felony, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of...
Source-derived case information.
- Citation
- [2024] KEHC 3087 (KLR)
- Parties
- Applicant: Duncan Luwapere; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E059 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Breaking and Entering, Penal Code Section 306a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Luwapere
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial community service order.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that the applicant, having served a substantial portion of his two-year custodial sentence for breaking into a building and committing a felony, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Kiambogo Chief’s Camp for six months, considering the need to decongest the prison and the applicant's suitability for non-custodial rehabilitation.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of his sentence under community service at Kiambogo Chief’s Camp for six months.
Full Case Text
Judgment text and source record
22 paragraphs
Luwapere v Republic (Revision Case E059 of 2024) [2024] KEHC 3087 (KLR) (15 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3087 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E059 of 2024
HM Nyaga, J
March 15, 2024
Between
Duncan Luwapere
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of;Breaking into a building and committing a felony contrary to Section 306(a) of the Penal Code.The particulars are that;On the 18th day of June 2023 at unknown time during night at at Tee Village in Gilgil Sub County within Nakuru County, broke and entered into a store of Sandaluwapere and stole therein 50kgs of Beans and two iron sheets all valued at Kshs. 5,500/- the property of Sanda Luwapere.
3. He pleaded guilty and he was sentenced;Serve two (2) years imprisonment.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kiambogo Chief’s Camp.
6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kiambogo Chief’s Camp for Six (6) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF MARCH, 2024. ................................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state