[2024] KEHC 10824 (KLR)
The court found that although the applicant had served part of his sentence and demonstrated remorse, the offence of grievous harm is serious, and the period served was insufficient for meaningful rehabilitation. Additionally, the victim's views were not sought, which is a relevant consideration. Therefore, the...
Source-derived case information.
- Citation
- [2024] KEHC 10824 (KLR)
- Parties
- Applicant: Allan Miheso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 221 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
- Outcome
- application declined
- Judges
- DR Kavedza
- Legal Topics
- Sentencing, Prison Decongestion, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Allan Miheso
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
Legal Issues
- 1 Whether the applicant qualifies for release under the Chief Justice's decongestion exercise memo.
- 2 Whether the seriousness of the offence and the period served justify a non-custodial sentence.
Ratio Decidendi
The court found that although the applicant had served part of his sentence and demonstrated remorse, the offence of grievous harm is serious, and the period served was insufficient for meaningful rehabilitation. Additionally, the victim's views were not sought, which is a relevant consideration. Therefore, the applicant did not meet the threshold for release under the decongestion exercise, and the application was declined.
Court Disposition
application declined
Orders
- The application for release under the decongestion exercise is declined.
- The file shall be returned to the lower court for safe custody.
Full Case Text
Judgment text and source record
24 paragraphs
Miheso v Republic (Criminal Revision 221 of 2024) [2024] KEHC 10824 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10824 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 221 of 2024
DR Kavedza, J
September 17, 2024
Between
Allan Miheso
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 grievous harm contrary to section 234 of the Penal Code. He was sentenced to serve five years imprisonment.
3. According to the Prison Conduct Report dated 15th August 2024, the applicant has served one year of his sentence, with two years and five months remaining, after accounting for a remission period of one year and eight 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 while in prison and he is remorseful about committing the offence.
5. Although the findings in the probation report are in favour of the applicant, it is noteworthy that the offense committed by the Applicant is serious, yet the victim was not consulted to give their views.
6. Additionally, the duration of imprisonment served by the Applicant so far is too short to afford meaningful rehabilitation.
7. I accordingly decline to release the Applicant under the decongestion exercise.
8. The file shall be returned to the lower court for safe custody.
Orders accordingly.
RULING DELIVERED THIS 17THDAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE