[2023] KEHC 22104 (KLR)
The court found that the applicant, Steven Malel, had demonstrated remorse, maintained good conduct while in prison, and had the support of his family and community for reintegration. The Sentence Review Report recommended community service, and the prison authorities vouched for his release. In the context of the...
Source-derived case information.
- Citation
- [2023] KEHC 22104 (KLR)
- Parties
- Applicant: Steven Malel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E021 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to community service order.
- Judges
- HM Nyaga
- Legal Topics
- Arson Offences, Sentencing Review, Prison Decongestion, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Steven Malel
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence for arson should be revised to a non-custodial sentence under the Prisons Decongestion Exercise.
- 2 Whether the applicant is suitable for community service based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, Steven Malel, had demonstrated remorse, maintained good conduct while in prison, and had the support of his family and community for reintegration. The Sentence Review Report recommended community service, and the prison authorities vouched for his release. In the context of the ongoing Prisons Decongestion Exercise, the court exercised its discretion to revise the custodial sentence to a community service order, finding this to be a proportionate and rehabilitative response to the offence and the applicant's circumstances.
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant, Steven Malel, shall serve community service at Korao Primary School for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Malel v Republic (Revision Case E021 of 2023) [2023] KEHC 22104 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22104 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E021 of 2023
HM Nyaga, J
August 22, 2023
Between
Steven Malel
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The Applicant Steven Malel was convicted for the offence of Arson contrary to section 332 (a) of the Penal Code and sentenced to serve 2 years imprisonment on May 17, 2023.
3. He has so far served about 3 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Kevin Kariuki recommends community service.
5. According to the said Report the convict is married and has one issue aged 12 years. He intends to go back home to his parents if released. According to the village elder Mr Livingstone, his mother has reconstructed the house and is willing to have him back home after a family conference and a call he made in prison asking for forgiveness. The prison officers vouched for his release stating that he has demonstrated good conduct, he has been deployed as a cleaner while in prison. The Applicant is remorseful and is willing to serve a non- custodial sentence.
6. 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, Steven Malel serve community service at Korao Primary School for the remainder of the sentence.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant