[2023] KEHC 22127 (KLR)
The court exercised its discretion to review the applicant's custodial sentence based on the recommendations of the Community Service Officer, the applicant's remorse, and the ongoing prison decongestion exercise. The court found that the applicant was suitable for a non-custodial sentence and ordered that he serve...
Source-derived case information.
- Citation
- [2023] KEHC 22127 (KLR)
- Parties
- Applicant: Kennedy Ngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E048 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed and substituted with community service for the remainder of the sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Community Service Orders, Prison Decongestion, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed in light of the prison decongestion exercise.
- 2 Whether the applicant is suitable for a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court exercised its discretion to review the applicant's custodial sentence based on the recommendations of the Community Service Officer, the applicant's remorse, and the ongoing prison decongestion exercise. The court found that the applicant was suitable for a non-custodial sentence and ordered that he serve the remainder of his sentence as community service at Chebara Chief’s Camp. This decision was guided by the need to decongest prisons and the positive assessment of the applicant's readiness for reintegration into society.
Court Disposition
Custodial sentence reviewed and substituted with community service for the remainder of the sentence.
Orders
- The applicant, Kennedy Ngetich, to serve community service at Chebara Chief’s Camp for the remainder of his sentence.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Ngetich v Republic (Revision Case E048 of 2023) [2023] KEHC 22127 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22127 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E048 of 2023
HM Nyaga, J
August 22, 2023
Between
Kennedy 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, Kennedy Ngetich was convicted for the offence of breaking into a building and committing a felony contrary to section 306 (a) of thePenal Code and sentenced to pay a fine of Kshs 50,000/= and in default serve 2 years’ imprisonment on March 9, 2023.
3. He has so far served about 7 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Dorothy Bett recommends Community Service at Chebara Chief’s Camp for the remainder of his sentence.
5. The report further states that upon release from prison, he plans to go back and live with his family who will provide food, clothing and shelter to him until he finds a job. 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 to review the prison sentence and order that the convict, Kennedy Ngetich serve community service at Chebara Chief’s Camp for the remainder of the 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