[2024] KEHC 3429 (KLR)
The court found that the applicant had demonstrated rehabilitation and readiness for reintegration into society, as evidenced by the Probation Officer's report recommending a community service order. The court held that the interests of justice and the rehabilitative purpose of sentencing justified substituting the...
Source-derived case information.
- Citation
- [2024] KEHC 3429 (KLR)
- Parties
- Applicant: Paul Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E062 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Custodial sentence revised to non-custodial probation order for remaining period.
- Judges
- RN Nyakundi
- Legal Topics
- Narcotic Drugs Possession, Sentencing Revision, Non Custodial Sentences, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence based on rehabilitation and the probation officer's report.
- 2 Whether the principles of justice and rehabilitation support substitution of imprisonment with a probation order.
Ratio Decidendi
The court found that the applicant had demonstrated rehabilitation and readiness for reintegration into society, as evidenced by the Probation Officer's report recommending a community service order. The court held that the interests of justice and the rehabilitative purpose of sentencing justified substituting the remaining custodial sentence with a probation order. Accordingly, the applicant was ordered to serve a probation sentence for the remaining four months, with compliance to be monitored through monthly reports by the probation officer.
Court Disposition
Custodial sentence revised to non-custodial probation order for remaining period.
Orders
- The applicant shall serve a probation sentence for the remaining period of four months.
- Monthly reports shall be filed in court by the probation officer to ensure compliance.
Full Case Text
Judgment text and source record
21 paragraphs
Mwangi v Republic (Criminal Revision E062 of 2024) [2024] KEHC 3429 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3429 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E062 of 2024
RN Nyakundi, J
April 11, 2024
Between
Paul Mwangi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of being in possession of Narcotic Drugs contrary to section 3(1) as read with section 3(2)(a) of the Narcotic Drugs and Psychotropic Substance Control Amendment Act, 2022.
2. The applicant pleaded guilty to the offence and as a consequence, he was convicted on his own plea of guilty and sentenced to serve two years imprisonment.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p)&(q) as conjunctively read with Article 50(6)(a)&(b) of the Constitution and having considered the Probation Officer’s report dated 26th March 2024, the Court holds as follows;
4. One of the key highlights flows from the recommendation from the report contextualized in the following language “the inmate is ready and willing to serve a community service order at Kapkoros Chief’s office for the remaining period of four months’.
5. The nucleus of any correctional system is its rehabilitative and reparative functions and in the famous words of Lord Hewart, Justice must not only be done, but must also be seen to be done”. This dictum was laid down in the case of Rex v. Sussex Justices, [1924] 1 KB 256. The empirical evidence in this matter shows that the offender has been rehabilitated and is reformed, ready for re-integration into the society.
6. In view of the foregoing, I am persuaded by the Probation officer’s report that this a fit case for a non-custodial sentence. As a consequence, I direct that he serves a probation sentence for the remaining period of 4 months. Monthly reports shall be filed in court by the probation officer in ensuring compliance.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. ……………………………………R. NYAKUNDIJUDGE