[2024] KEHC 10827 (KLR)
The court found that the applicant, having a remaining sentence of one year and two months and demonstrating remorse and receptiveness to rehabilitation, met the criteria set out in the Chief Justice's decongestion memo. The favorable probation report and the applicant's family support for reintegration further...
Source-derived case information.
- Citation
- [2024] KEHC 10827 (KLR)
- Parties
- Applicant: Monicah Muthoni Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 237 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for revision allowed; custodial sentence substituted with community service order.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Non Custodial Sentences, Stealing by Servant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monicah Muthoni Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and circumstances support a sentence revision.
Ratio Decidendi
The court found that the applicant, having a remaining sentence of one year and two months and demonstrating remorse and receptiveness to rehabilitation, met the criteria set out in the Chief Justice's decongestion memo. The favorable probation report and the applicant's family support for reintegration further justified the revision of her custodial sentence to a non-custodial one. The court exercised its discretion to substitute the remaining custodial sentence with a twelve-month community service order at Roysambu Chief’s Camp under supervision, in line with the objectives of rehabilitation and decongestion.
Court Disposition
Application for revision allowed; custodial sentence substituted with community service order.
Orders
- The applicant shall serve on community service for twelve (12) months at Roysambu Chief’s Camp under the supervision of the area chief.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Mwangi v Republic (Criminal Revision 237 of 2024) [2024] KEHC 10827 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10827 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 237 of 2024
DR Kavedza, J
September 17, 2024
Between
Monicah Muthoni Mwangi
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 stealing by servant contrary to section 268(1) as read with 281 of the Penal Code. She was sentenced to serve four years imprisonment.
3. According to the Recommendation Report from Prison dated 7th August 2024, the applicant has 1 year and 2 months left to complete her sentence.
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 she is remorseful about committing the offence. Her family is also ready to facilitate her progressive reintegration.
5. The findings in the probation report are in favour of the applicant and I accordingly find that she is eligible for a non-custodial sentence.
6. I therefore order that the applicant shall serve on community service for twelve (12) months at Roysambu Chief’s Camp, under the supervision of the area chief.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE