[2023] KEHC 22062 (KLR)
The court found that, in light of the applicant's remorse, willingness to reform, and the positive recommendation from the Community Service Officer, it was appropriate to revise the custodial sentence to a community service order. The decision was further influenced by the ongoing prison decongestion exercise, the...
Source-derived case information.
- Citation
- [2023] KEHC 22062 (KLR)
- Parties
- Applicant: Zachariah Kimani Mburu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E082 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to community service for the remainder of the term.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Prison Decongestion, Burglary Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zachariah Kimani 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 prison decongestion exercise.
- 2 Whether community service is an appropriate alternative to imprisonment for the applicant.
Ratio Decidendi
The court found that, in light of the applicant's remorse, willingness to reform, and the positive recommendation from the Community Service Officer, it was appropriate to revise the custodial sentence to a community service order. The decision was further influenced by the ongoing prison decongestion exercise, the applicant's partial completion of his sentence, and the absence of any objection from the state. The court exercised its discretion to substitute the remainder of the applicant's sentence with community service at Wakaa Chief’s Camp, considering this to be a proportionate and rehabilitative response to the offences committed.
Court Disposition
Custodial sentence revised to community service for the remainder of the term.
Orders
- The applicant, Zachariah Kimani Mburu, shall serve community service at Wakaa Chief’s Camp for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Mburu v Republic (Revision Case E082 of 2023) [2023] KEHC 22062 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22062 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E082 of 2023
HM Nyaga, J
August 22, 2023
Between
Zachariah Kimani Mburu
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, Zacharia Kimani Mburu was convicted for the offence of burglary contrary to section 304 (2) and sentenced to serve 1 and a half years’ imprisonment and stealing contrary to section 279(b) of the Penal Code and sentenced to serve 1-year imprisonment on December 21, 2022 both sentences were to run concurrently. He has so far served about 8 months in prison.
3. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Julia Isomi, recommends Community Service at Wakaa Chief’s Camp for the remainder of his sentence.
4. The report further states that the inmate committed the offence because of alcohol but he claims to have stopped engaging in the vice.
5. While in prison, the inmate has not attained any skills yet, but he was attached to the kitchen section and has also received guidance and counselling. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
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, Zachariah Kimani Mburu serve community service at Wakaa Chief’s Camp 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