[2023] KEHC 22049 (KLR)
The court found that the applicant, having served part of his custodial sentence for stealing in a dwelling house, demonstrated genuine remorse, positive behavioral change, and readiness for reintegration as evidenced by the Sentence Review Report and the forgiveness extended by the complainant. In the context of...
Source-derived case information.
- Citation
- [2023] KEHC 22049 (KLR)
- Parties
- Applicant: Hillary Mbugua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E061 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed and substituted with community service for the remainder of the sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Prison Decongestion, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hillary Mbugua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence under the prison 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, having served part of his custodial sentence for stealing in a dwelling house, demonstrated genuine remorse, positive behavioral change, and readiness for reintegration as evidenced by the Sentence Review Report and the forgiveness extended by the complainant. In the context of the ongoing prison decongestion exercise, and upon recommendation by the Community Service Officer and prison authorities, the court exercised its discretion to substitute the remainder of the custodial sentence with a community service order at Molo Probation Office. This decision aligns with the principles of restorative justice and the need to decongest prisons, especially...
Court Disposition
Custodial sentence reviewed and substituted with community service for the remainder of the sentence.
Orders
- The applicant, Hillary Mbugua, to serve community service at Molo Probation Office for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Mbugua v Republic (Revision Case E061 of 2023) [2023] KEHC 22049 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22049 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E061 of 2023
HM Nyaga, J
August 22, 2023
Between
Hillary Mbugua
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, Hillary Mbugua was convicted for the offence of stealing in dwelling house contrary to section 279 (b) of the Penal Code and sentenced to serve 2 years’ imprisonment on March 1, 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, Antony Kihato recommends community service at Molo Probation Office for the remainder of his sentence.
5. The report further states that the convict, upon release from prison, plans to go back and live with his wife who will provide food, shelter and clothing for him till he becomes stable and finds a job. He is a chef by profession and intends to start his own eatery joint to support he and his family.
6. The report states that the convict did not undergo any formal training while in prison; has received counselling geared towards general behavioural chance and the prison authorities vouched for his release stating that he has portrayed a positive change. In addition to this, he has since sought for forgiveness from the complainant who has forgiven him and is therefore ready to reintegrate into the society. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
7. 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, Hillary Mbugua serve community service at Molo Probation Office for the remainder of the sentence.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGE