[2023] KEHC 22081 (KLR)
The court declined to grant the plea for sentence review, holding that despite the applicant's remorse, good conduct in prison, and a recommendation for community service, the opposition from the local administrator, the applicant's mother, and the broader community regarding his release outweighed the factors in...
Source-derived case information.
- Citation
- [2023] KEHC 22081 (KLR)
- Parties
- Applicant: Hassan Abdi Njeri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E059 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence review declined; applicant to serve remainder of custodial sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Prison Decongestion, Non Custodial Sentence, Community Service, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Abdi Njeri
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 prisons decongestion exercise.
- 2 Whether the applicant's conduct and community circumstances justify early release or community service.
Ratio Decidendi
The court declined to grant the plea for sentence review, holding that despite the applicant's remorse, good conduct in prison, and a recommendation for community service, the opposition from the local administrator, the applicant's mother, and the broader community regarding his release outweighed the factors in favour of a non-custodial sentence. The court exercised its judicial discretion to prioritize community safety and the interests of justice, ordering that the applicant serve the remainder of his custodial sentence.
Court Disposition
Application for sentence review declined; applicant to serve remainder of custodial sentence.
Orders
- The convict Hassan Abdi Njeri shall serve the remainder of the prison sentence forthwith unless otherwise lawfully held.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Njeri v Republic (Revision Case E059 of 2023) [2023] KEHC 22081 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22081 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E059 of 2023
HM Nyaga, J
August 22, 2023
Between
Hassan Abdi Njeri
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 Hassan Abdi Njeri was convicted for the offence of Stealing contrary to Section 268 as read with Section 275 of the Penal Code and sentenced to serve 2 years imprisonment on 28th December 2022
3. He has so far served about 8 months in prison.
4. In the Sentence Review Report filed on 2nd August 2023 the Community Service Officer, N.O Nancy recommends community service.
5. According to the said Report the convict I a form 3 dropout who was still single and lived at home with his aunt. His aunt indicated her willingness to accommodate him. However, his mother is against this as she still fears for her life. The local administrator is also against his release stating that most f the people he wronged in the community are unwilling to forgive him and not welcoming of the idea of his release. The prison officers say he has been conducting himself well and has been deployed to the car wash section. The Applicant is remorseful and is willing to serve a non- custodial sentence.
6. In light of the above,I hereby exercise judicial discretion and decline to grant the plea for review. I order that the convict Hassan Abdi Njeri serve the remainder of the prison sentence 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 state