[2023] KEHC 22118 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the applicant's good conduct in prison, remorsefulness, positive probation report, and the broader objective of decongesting prisons. The applicant had already served a significant portion of his...
Source-derived case information.
- Citation
- [2023] KEHC 22118 (KLR)
- Parties
- Applicant: Stephen Gichungi Njambi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E160 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Custodial sentence revised to community service order.
- Judges
- HM Nyaga
- Legal Topics
- House Breaking, Stealing, Sentence Review, Prison Decongestion, Community Service, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Gichungi Njambi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Prisons Decongestion Exercise.
- 2 Whether the applicant is suitable for a non-custodial sentence based on the Probation Officer's report.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the applicant's good conduct in prison, remorsefulness, positive probation report, and the broader objective of decongesting prisons. The applicant had already served a significant portion of his sentence, and the Probation Officer recommended community service. The court found these factors sufficient to justify substituting the remainder of the custodial sentence with community service at Kamura Primary School under probation supervision.
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 Kamura Primary School under the supervision of Koibatek Probation Office.
Full Case Text
Judgment text and source record
22 paragraphs
Njambi v Republic (Revision Case E160 of 2023) [2023] KEHC 22118 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22118 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E160 of 2023
HM Nyaga, J
August 22, 2023
Between
Stephen Gichungi Njambi
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 Stephen Gichungi Njambi was convicted for the offence of House Breaking contrary to section 304 (1)(b) and Stealing contrary to section 279 (b) of the Penal Code and sentenced to serve 18 months’ imprisonment on March 16, 2023.
3. He has so far served about 8 months in prison.
4. In the Sentence Review Report filed on July 28, 2023 the Probation Officer, Ndiritu Ken recommends community service.
5. According to the said Report the convict was only visited by his grandfather while in prison .He has been reported to have been of good conduct while in prison and engaged in farming activities. He intends to assist his grandfather with farm work upon his release. 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 Kamura Primary School under the supervision of Koibatek Probation Office for the remainder of his sentence.
7. File closed.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22NDAUGUST 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant