[2023] KEHC 22128 (KLR)
The court found that the applicant had served a substantial portion of his sentence, had demonstrated willingness to serve a non-custodial sentence, and was recommended for community service by the relevant officer. In the context of the ongoing prison decongestion exercise, and considering the minor nature of the...
Source-derived case information.
- Citation
- [2023] KEHC 22128 (KLR)
- Parties
- Applicant: Patrick Chege Njuguna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E053 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to community service order.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Chege Njuguna
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence under the prison decongestion exercise.
- 2 Whether the applicant is suitable for community service in lieu of imprisonment.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his sentence, had demonstrated willingness to serve a non-custodial sentence, and was recommended for community service by the relevant officer. In the context of the ongoing prison decongestion exercise, and considering the minor nature of the offence and the applicant's positive conduct, the court exercised its discretion to substitute the remainder of the custodial sentence with a community service order at Kwale Police Post.
Court Disposition
Custodial sentence revised to community service order.
Orders
- The applicant is released from prison forthwith.
- The applicant shall serve the remainder of his sentence on community service at Kwale Police Post.
Full Case Text
Judgment text and source record
23 paragraphs
Njuguna v Republic (Revision Case E053 of 2023) [2023] KEHC 22128 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22128 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E053 of 2023
HM Nyaga, J
August 22, 2023
Between
Patrick Chege Njuguna
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, Patrick Chege Njuguna was convicted for the offence of creating a disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the Penal Code and sentenced to serve 6 months’ imprisonment on April 13, 2023.
3. He has so far served about 5 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 Kwale Police Post for the remainder of his sentence.
5. The report further states that the inmate, before his arrest, engaged in farming in his 2-acre piece of land to provide for his family and plans to go back to them and engage in farming upon his release.
6. The report states that the inmate has not gained any skill while in prison but has received guidance and counselling. Additionally, he is willing to serve a non-custodial sentence.
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 Kwale Police Post for the remainder of his sentence.
8. File closed.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant