[2024] KEHC 3090 (KLR)
The court found that the applicant, having served a substantial part of his sentence and being found suitable for community service by the Probation Officer, should have his sentence revised. The remainder of his sentence will be served under a community service order at Rhonda Health Centre for two months. This...
Source-derived case information.
- Citation
- [2024] KEHC 3090 (KLR)
- Parties
- Applicant: Duncan Gachoku Nduati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E077 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; applicant to serve remainder under community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Preparation to Commit Felony, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Gachoku Nduati
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for a community service order instead of continued imprisonment.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his sentence and being found suitable for community service by the Probation Officer, should have his sentence revised. The remainder of his sentence will be served under a community service order at Rhonda Health Centre for two months. This revision is justified to decongest the prison and in light of the positive Sentence Review Report.
Court Disposition
sentence revised; applicant to serve remainder under community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of his sentence under community service at Rhonda Health Centre for two months.
Full Case Text
Judgment text and source record
23 paragraphs
Nduati v Republic (Revision Case E077 of 2024) [2024] KEHC 3090 (KLR) (15 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3090 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E077 of 2024
HM Nyaga, J
March 15, 2024
Between
Duncan Gachoku Nduati
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of Preparation to commit a felony contrary to section 308 of the penal code.
3. The particulars are that; On the 13th day of January, 2024 at Jasho Estate in Nakuru West Sub County within Nakuru County, you were found armed with dangerous weapon namely kitchen knife in circumstances that indicate you were so armed with intent to commit a felony.
4. He pleaded guilty and he was sentenced to pay a fine of Kshs. 10,000/- in default serve one (1) year imprisonment.
5. The Applicant has served a substantial part of this sentence.
6. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Rhonda Health Centre.
7. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Ronda Health Centre for Two (2) months.
8. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF MARCH, 2024. ............................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state