[2023] KEHC 22083 (KLR)
The court found that the applicant had served a substantial portion of his sentence, demonstrated remorse, undergone positive behavioral change, and received support from both the prison authorities and the local administration. The complainant had forgiven the applicant, and the Sentence Review Report recommended...
Source-derived case information.
- Citation
- [2023] KEHC 22083 (KLR)
- Parties
- Applicant: Davis Kipkoech Ng’etich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E051 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; remainder of custodial sentence suspended; applicant released to serve community service.
- 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
Davis Kipkoech Ng’etich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence under the prison decongestion exercise.
- 2 Whether the applicant is suitable for community service based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his sentence, demonstrated remorse, undergone positive behavioral change, and received support from both the prison authorities and the local administration. The complainant had forgiven the applicant, and the Sentence Review Report recommended community service. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to suspend the remainder of the custodial sentence and ordered the applicant's release to serve community service. The decision was guided by the principles of rehabilitation, reintegration, and the need to decongest prisons, as well as the applicant's suitability...
Court Disposition
Sentence revised; remainder of custodial sentence suspended; applicant released to serve community service.
Orders
- The remainder of the prison sentence is suspended.
- The applicant Davis Kipkoech Ng’etich is released from prison to perform community service at Salgaa Chief’s Camp forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Ng’etich v Republic (Revision Case E051 of 2023) [2023] KEHC 22083 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22083 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E051 of 2023
HM Nyaga, J
August 22, 2023
Between
Davis Kipkoech Ng’etich
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 Davis Kipkoech Ng’etich was convicted for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code and sentenced to serve 1 year imprisonment on March 23, 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, Antony Kihato recommends community service.
5. According to the said report the convict intends to go back to his parent’s house in Chepseon who will provide him with basic needs until he is able to find a job upon his release. The prison officers vouched for his release stating that he has demonstrated a positive change after undergoing counselling geared towards behavioural change. The area chief also vouches for him and believes he is deserving of a non-custodial sentence. He has also contacted the complainant seeking forgiveness, which he was granted.. 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 suspend the remainder of the prison sentence and order for the release of the convict Davis Kipkoech Ng’etich from prison to perform community service at Salgaa Chief’s Camp forthwith unless otherwise lawfully held.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant