[2023] KEHC 22069 (KLR)
The court found that the applicant, convicted of cutting and felling in a state forest and serving a custodial sentence, had demonstrated remorse, good conduct, and was the sole breadwinner for his family. The Sentence Review Report recommended community service, and the prison authorities confirmed his positive...
Source-derived case information.
- Citation
- [2023] KEHC 22069 (KLR)
- Parties
- Applicant: Wesley Ng’eno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E039 of 2023
- Procedural Posture
- Revision / Sentence Review Ruling
- Outcome
- Custodial sentence revised to community service order.
- Judges
- HM Nyaga
- Legal Topics
- Forest Offences, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesley Ng’eno
Applicant
Republic
Respondent
Procedural Posture
Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence in light of the Prisons Decongestion Exercise.
- 2 Whether the circumstances of the applicant justify release from prison and placement on community service.
Ratio Decidendi
The court found that the applicant, convicted of cutting and felling in a state forest and serving a custodial sentence, had demonstrated remorse, good conduct, and was the sole breadwinner for his family. The Sentence Review Report recommended community service, and the prison authorities confirmed his positive behavior. In the context of the ongoing Prisons Decongestion Exercise and the applicant's willingness to serve a non-custodial sentence, the court exercised its discretion to revise the sentence. The custodial sentence was substituted with a community service order at Mawingu Chief’s Camp for the remainder of the sentence, balancing the interests of justice, rehabilitation, and...
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant is released from prison forthwith.
- The applicant is to serve the remainder of his sentence on community service at Mawingu Chief’s Camp.
Full Case Text
Judgment text and source record
21 paragraphs
Ng’eno v Republic (Revision Case E039 of 2023) [2023] KEHC 22069 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22069 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E039 of 2023
HM Nyaga, J
August 22, 2023
Between
Wesley Ng’eno
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The Applicant Wesley Ng’eno was convicted for the offence of Cutting and Felling in a State Forest and entering a State Forest ergo without authority contrary to Section 64 (1) (a) as read with Section 64 (2) of the Forest Conservation and Management Act Number 34 of 2016 and sentenced to pay a fine of Kshs 10,000 and in default serve 6 months’ imprisonment on April 29, 2023.
3. He has so far served about 4 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Kevin Kariuki recommends community service.
5. According to the said Report the convict was doing casual herding jobs prior to his arrest. He is married and has 3 issues who are all school going. He lived with his family in a rented house in Mawingu Area. They want him back home as he is the breadwinner. The prison officers state that he has been of good conduct and ha been attached to the farm section while in custody. The Applicant is remorseful and is willing to serve a non- custodial sentence.
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 Mawingu Chief’s Camp for the remainder of his sentence.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant