[2023] KEHC 22064 (KLR)
The court found that the applicant had demonstrated good conduct, remorse, and willingness to reform, as evidenced by the Sentence Review Report. In the context of the ongoing prison decongestion exercise, and considering the applicant had already served a substantial portion of his sentence, the court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 22064 (KLR)
- Parties
- Applicant: Patrick Nawaal; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E072 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Applicant released from prison and placed on community service for the remainder of his sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Prison Decongestion, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Nawaal
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review and Prison Decongestion
Legal Issues
- 1 Whether the applicant should be released from prison and placed on community service for the remainder of his sentence under the prison decongestion exercise.
- 2 Whether the applicant's conduct and remorse justify a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had demonstrated good conduct, remorse, and willingness to reform, as evidenced by the Sentence Review Report. In the context of the ongoing prison decongestion exercise, and considering the applicant had already served a substantial portion of his sentence, the court exercised its discretion to substitute the remainder of the custodial sentence with a community service order at Keringet Police Station. This decision was made to further the objectives of rehabilitation and decongestion, while ensuring the applicant remains accountable for his actions.
Court Disposition
Applicant released from prison and placed on community service for the remainder of his sentence.
Orders
- The applicant is released from prison forthwith.
- The applicant shall serve the remainder of his sentence on community service at Keringet Police Station.
Full Case Text
Judgment text and source record
22 paragraphs
Nawaal v Republic (Revision Case E072 of 2023) [2023] KEHC 22064 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22064 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E072 of 2023
HM Nyaga, J
August 22, 2023
Between
Patrick Nawaal
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.
2. The applicant, Patrick Nawaal was convicted for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code and sentenced to pay a fine of Kshs 50,000 and in default serve 9 months’ imprisonment on April 12, 2023.
3. He has so far served about 5 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Kevin Kariuki, recommends community service at Keringet Police Station for the remainder of his sentence.
5. The report states that the inmate has been of good conduct and is attached to the tree nursery and building section and has now acquired skills in tendering to trees and flowers. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
6. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and order the convict/applicant be released from prison forthwith and be placed on community service at Keringet Police Station for the remainder of his sentence.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant