[2024] KEHC 9180 (KLR)
The court found that the applicant, having served over ten months in custody for the offence of breaking into a building and committing a felony, and being favourably assessed in the probation report as remorseful and receptive to rehabilitation, qualifies for a non-custodial sentence under the Chief Justice’s...
Source-derived case information.
- Citation
- [2024] KEHC 9180 (KLR)
- Parties
- Applicant: Clinton Amamu Muhinze; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 129 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence set aside; applicant placed on community service for twelve months.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Non Custodial Sentences, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clinton Amamu Muhinze
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 sentence of a fine of Kshs 100,000 in default three years imprisonment should be set aside.
Ratio Decidendi
The court found that the applicant, having served over ten months in custody for the offence of breaking into a building and committing a felony, and being favourably assessed in the probation report as remorseful and receptive to rehabilitation, qualifies for a non-custodial sentence under the Chief Justice’s decongestion memo. The sentence of a fine of Kshs 100,000 in default three years imprisonment was set aside and substituted with a twelve-month community service order at Kawangware Primary School under probation supervision.
Court Disposition
Sentence set aside; applicant placed on community service for twelve months.
Orders
- The sentence of a fine of Kshs 100,000 in default three years imprisonment is set aside.
- The applicant is placed on community service for twelve months at Kawangware Primary School under the supervision of the probation officer, Kibera Sub-county.
Full Case Text
Judgment text and source record
20 paragraphs
Muhinze v Republic (Criminal Revision 129 of 2024) [2024] KEHC 9180 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9180 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 129 of 2024
DR Kavedza, J
July 30, 2024
Between
Clinton Amamu Muhinze
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 breaking into a building and committing a felony contrary to section 306(a) of the Penal Code. He was sentenced to a pay a fine of Kshs 100,000/= in default to serve three years imprisonment. In total, the applicant has been in custody for over ten months, as at the date of this ruling.
3. A probation report was 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. The findings in the probation report are in favour of the applicant and I accordingly find that he is eligible for a non-custodial sentence.
4. I therefore set aside the sentence of a fine of Kshs 100,000/= in default to serve three (3) years imprisonment, and order that the applicant be placed on community service for twelve (12) months at Kawangware Primary School, under the supervision of the probation officer, Kibera Sub-county.
5. File closed.Orders accordingly.
RULING DELIVERED THIS 30TH DAY OF JULY 2024. D. KAVEDZA...................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR