[2023] KEHC 22073 (KLR)
The court found that the applicant had demonstrated remorse, positive behavioral change, and readiness for reintegration into society. The Sentence Review Report and recommendations from the Community Service Officer and prison authorities supported the applicant's suitability for a non-custodial sentence. In the...
Source-derived case information.
- Citation
- [2023] KEHC 22073 (KLR)
- Parties
- Applicant: Victor Ngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E064 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Application for sentence revision allowed. Custodial sentence substituted with community service order.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Prison Decongestion, Preparation to Commit Felony
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Ngetich
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 allowed to serve the remainder of his sentence under community service in light of the prison decongestion exercise.
- 2 Whether the applicant's conduct and circumstances justify a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had demonstrated remorse, positive behavioral change, and readiness for reintegration into society. The Sentence Review Report and recommendations from the Community Service Officer and prison authorities supported the applicant's suitability for a non-custodial sentence. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to substitute the remainder of the applicant's custodial sentence with a community service order at Matunda Primary School, considering both the interests of justice and the applicant's rehabilitation.
Court Disposition
Application for sentence revision allowed. Custodial sentence substituted with community service order.
Orders
- The applicant is released from prison and shall serve the remainder of his sentence under community service at Matunda Primary School.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Ngetich v Republic (Revision Case E064 of 2023) [2023] KEHC 22073 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22073 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E064 of 2023
HM Nyaga, J
August 22, 2023
Between
Victor Ngetich
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, Victor Ngetich was convicted was convicted for the offence of preparation to commit a felony contrary to section 308 (2) of the Penal Codeand sentenced to pay a fine Kshs 30,000/= and in default to serve 1-year imprisonment on June 7, 2023.
3. He has so far served about 3 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Antony Kihato recommends Community Service at Matunda Primary School for the remainder of his sentence.
5. The report further states that the convict, upon release from prison, plans to go back and live with his mother who will provide food, shelter and clothing for him till he becomes stable and finds a job. He intends to go back to boda boda industry where he was a ride prior to his arrest and incarceration.
6. The report states that the convict did not undergo any formal training while in prison but has received counselling geared towards general behavioural chance and the prison authorities vouched for his release stating that he has portrayed a positive change. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and order that the convict be released from prison and that he serves the remainder of the sentence under community service at Matunda Primary School.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant