[2024] KEHC 10867 (KLR)
The court found that the applicant, convicted of committing an indecent act and sentenced to ten years imprisonment, had served six years with only nine months remaining after remission. The prison conduct report and probation report both indicated positive rehabilitation and readiness for reintegration. In line...
Source-derived case information.
- Citation
- [2024] KEHC 10867 (KLR)
- Parties
- Applicant: Samuel Ateka Maroro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 162 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to non-custodial community service
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Sexual Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ateka Maroro
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and rehabilitation support a revision of his custodial sentence.
Ratio Decidendi
The court found that the applicant, convicted of committing an indecent act and sentenced to ten years imprisonment, had served six years with only nine months remaining after remission. The prison conduct report and probation report both indicated positive rehabilitation and readiness for reintegration. In line with the Chief Justice's decongestion memo, the court determined that the applicant was eligible for a non-custodial sentence. Consequently, the custodial sentence was revised, and the applicant was ordered to serve six months of community service under supervision.
Court Disposition
custodial sentence revised to non-custodial community service
Orders
- The applicant is placed on community service for six months at Nyaroba Chief's Camp under the supervision of Nyaroba Location Chief.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Maroro v Republic (Criminal Revision 162 of 2024) [2024] KEHC 10867 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10867 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 162 of 2024
DR Kavedza, J
September 17, 2024
Between
Samuel Ateka Maroro
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. I have gone through the file and noted that applicant was convicted by the trial court for the offence of committing an indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten years imprisonment.
3. According to the Prison Conduct Report 15th August 2024, the Applicant has served 6 years, with 9 months remaining, after accounting for a remission period of 3 years and 4 months.
4. A Probation Report was also filed with respect to the Applicant. According to the said report, the Applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. His family is also willing to facilitate his reintegration.
5. The findings in the probation report are in favour of the Applicant and I accordingly find that he can benefit from a non-custodial sentence.
6. I therefore order that the applicant be placed on Community service for six (6) months at Nyaroba Chief’s Camp, under the supervision of Nyaroba Location Chief.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ..................................................D. KAVEDZAJUDGE