[2023] KEHC 22047 (KLR)
The court found that the applicant, having served approximately half of his sentence for threatening to kill, demonstrated remorse and positive behavioural change as evidenced by the Sentence Review Report and recommendations from the Community Service Officer and prison authorities. In the context of the ongoing...
Source-derived case information.
- Citation
- [2023] KEHC 22047 (KLR)
- Parties
- Applicant: John Ngige; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E043 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Applicant released from prison and placed on community service for the remainder of his sentence.
- Judges
- HM Nyaga
- Legal Topics
- Threatening to Kill, Sentencing Review, Prison Decongestion, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ngige
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 placed on community service for the remainder of his sentence under the prison decongestion exercise.
- 2 Whether the applicant has demonstrated remorse and positive change sufficient to warrant a non-custodial sentence.
Ratio Decidendi
The court found that the applicant, having served approximately half of his sentence for threatening to kill, demonstrated remorse and positive behavioural change as evidenced by the Sentence Review Report and recommendations from the Community Service Officer and prison authorities. In the context of the ongoing prison decongestion exercise, and considering the applicant's plans for reintegration and the absence of formal training but participation in counselling and bible study, the court exercised its discretion to release the applicant from prison and place him on community service for the remainder of his sentence. The court emphasized the importance of supervision and compliance,...
Court Disposition
Applicant released from prison and placed on community service for the remainder of his sentence.
Orders
- The applicant is released from prison forthwith and placed on community service at Arimi Primary School for the remainder of his sentence.
- The applicant shall be supervised by the school’s officer and weekly reports made to the Probation Officer, Molo.
Full Case Text
Judgment text and source record
24 paragraphs
Ngige v Republic (Revision Case E043 of 2023) [2023] KEHC 22047 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22047 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E043 of 2023
HM Nyaga, J
August 22, 2023
Between
John Ngige
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, John Ngige was convicted for the offence of threatening to kill contrary to section 223 (1) of the penal code and sentenced to serve 1-year imprisonment on March 13, 2023.
3. He has so far served about 6 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Douglas Mwiraria, recommends Community Service at Arimi Primary School for the remainder of his sentence.
5. The inmate states that upon release from prison, he plans to go back and live with his mother and will resume casual labour work in addition to venturing into farming to feed his family.
6. The report states that the inmate did not undergo any formal training but attended bible study and has received counselling geared towards general behavioural change and the prison authorities vouched for his release stating that he has portrayed a positive change. The convict is remorseful and pleads for leniency.
7. 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 Arimi Primary School for the remainder of his sentence. He shall be closely supervised by the school’s officer who shall ensure the convict religiously performs any assigned community service to his satisfaction and weekly reports made to the Probation Officer, Molo who shall monitor the behaviour of the convict for the remainder of the sentence.
8. The applicant is, as required, made aware that in the event of a breach, the CSO order shall be revoked and he shall be returned to prison to serve the entire prison term imposed and not served.
9. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant