[2023] KEHC 22043 (KLR)
The court found that the applicant, Samuel Gatundu Mburu, had served approximately half of his one-year custodial sentence for stealing, had demonstrated good conduct, maintained family support, and was recommended for community service by the Community Service Officer. In the context of the ongoing prisons...
Source-derived case information.
- Citation
- [2023] KEHC 22043 (KLR)
- Parties
- Applicant: Samuel Gatundu Mburu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E022 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence suspended; applicant released to serve remainder as community service.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Prison Decongestion, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Gatundu Mburu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence under the prisons decongestion exercise.
- 2 Whether the applicant is a suitable candidate for community service based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, Samuel Gatundu Mburu, had served approximately half of his one-year custodial sentence for stealing, had demonstrated good conduct, maintained family support, and was recommended for community service by the Community Service Officer. In the context of the ongoing prisons decongestion exercise, the court exercised its discretion to suspend the remainder of the custodial sentence and ordered the applicant's release to serve the balance of his sentence as community service at Kapsita Chief’s Camp. The decision was grounded on the applicant's suitability for non-custodial sentencing, the positive rehabilitation indicators, and the public interest in...
Court Disposition
Custodial sentence suspended; applicant released to serve remainder as community service.
Orders
- The remainder of the prison sentence is suspended.
- The applicant is released from prison to perform community service at Kapsita Chief’s Camp for the remainder of his sentence unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Mburu v Republic (Revision Case E022 of 2023) [2023] KEHC 22043 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22043 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E022 of 2023
HM Nyaga, J
August 22, 2023
Between
Samuel Gatundu Mburu
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 Samuel Gatundu Mburu was convicted for the offence of Stealing contrary to section 268 as read with section 275 of the Penal Code and sentenced to serve 1 year imprisonment on February 16, 2023.
3. He has so far served about 6 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Dorothy Bett recommends community service.
5. According to the said Report the convict was in form 3 at the time of his arrest. He intends to go back to school upon his release. He has maintained a good relationship with his family while in prison and they are ready to welcome and support him. He is attached to the livestock section and has received guidance and counselling. The Applicant 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 and suspend the remainder of the prison sentence and order for the release of the convict Samuel Gatundu Mburu from prison to perform community service at Kapsita Chief’s Camp for the remainder of his sentence forthwith, unless otherwise lawfully held.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGE