[2024] KEHC 9117 (KLR)
The court found that although the applicant had served over eight years and six months of a ten-year sentence and was eligible for consideration under the Chief Justice's decongestion memo, he expressly declined to be interviewed for a probation report and indicated his preference to complete his sentence. The court...
Source-derived case information.
- Citation
- [2024] KEHC 9117 (KLR)
- Parties
- Applicant: Mark Mutsutsu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 85 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined; applicant to continue serving sentence to completion.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Non Custodial Sentences, Indecent Act With Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Mutsutsu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for consideration of a non-custodial sentence under the Chief Justice's memo on decongestion.
- 2 Whether the applicant's refusal to be interviewed by the probation officer affects eligibility for sentence review.
Ratio Decidendi
The court found that although the applicant had served over eight years and six months of a ten-year sentence and was eligible for consideration under the Chief Justice's decongestion memo, he expressly declined to be interviewed for a probation report and indicated his preference to complete his sentence. The court held that, in the absence of the applicant's consent and cooperation, and given his stated wish to serve the sentence to completion, there was no basis to alter the custodial sentence. The application for revision was therefore declined, and the applicant was ordered to continue serving his sentence until completion.
Court Disposition
Application for revision declined; applicant to continue serving sentence to completion.
Orders
- The applicant shall continue to serve his sentence to completion.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Mutsutsu v Republic (Criminal Revision 85 of 2024) [2024] KEHC 9117 (KLR) (29 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9117 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 85 of 2024
DR Kavedza, J
July 29, 2024
Between
Mark Mutsutsu
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. The applicant was sentenced to serve 10 year’s imprisonment for the offense of committing an indecent act with a child.
3. I further note that the applicant was in remand custody throughout the trial. In total, he has been in custody for over 8 years and six months.
4. In line with the above Chief Justice’s memo, I issued directions on 15/04/2024 requiring the probation officer to prepare a report on the suitability of the applicant to serve a non-custodial sentence.
5. According to the report filed in court on 26th July 2024, the applicant expressed his desire not to be interviewed. He further indicated on two different occasions that he is content with completing his sentence on 09/11/2024, as per the prison records.
6. In view of the foregoing, the applicant shall continue to serve his sentence to completion.
7. File closed.
Orders accordingly.
RULING DELIVERED THIS 29TH DAY OF JULY 2024. D. KAVEDZAJUDGE