[2022] KEHC 11291 (KLR)
The court found that the applicant had served a significant portion of his sentence and had less than three years remaining. Considering the applicant's deteriorating health and the positive sentence review report, the court determined that he was suitable for a non-custodial sentence. The sentence was therefore...
Source-derived case information.
- Citation
- [2022] KEHC 11291 (KLR)
- Parties
- Applicant: Simon Kikwai Nyamu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E094 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- Application allowed; custodial sentence substituted with probation.
- Judges
- A. Ong’injo
- Legal Topics
- Sentence Review, Non Custodial Sentence, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kikwai Nyamu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised or substituted with a non-custodial sentence due to deteriorating health and time already served.
Ratio Decidendi
The court found that the applicant had served a significant portion of his sentence and had less than three years remaining. Considering the applicant's deteriorating health and the positive sentence review report, the court determined that he was suitable for a non-custodial sentence. The sentence was therefore reviewed and substituted with three years on probation, subject to compliance with terms and conditions set by probation officers. Failure to comply would result in recommitment to custody to complete the sentence.
Court Disposition
Application allowed; custodial sentence substituted with probation.
Orders
- The applicant's remaining custodial sentence is substituted with three years on probation.
- Non-compliance will result in recommitment to custody to complete the sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Nyamu v Republic (Miscellaneous Criminal Application E094 of 2021) [2022] KEHC 11291 (KLR) (2 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11291 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E094 of 2021
A. Ong’injo, J
June 2, 2022
Between
Simon Kikwai Nyamu
Applicant
and
Republic
Respondent
Ruling
1. Simon Kikwai Nyamu - filed a notice of motion seeking that the remainder of his sentence be revised/substituted with non-custodial sentence as his health had deteriorated. This called for sentence review report and same was filed on May 26, 2022.
2. In consideration of the report and the fact that applicant has served significant period of time and remains with a period of less than 3 years, this court finds that he is suitable to have his sentence reviewed to 3 years on probation.
3. The applicant to adhere to terms and conditions given by probation officers who will supervise him or he risks being committed to complete his sentence in custody.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 02TH DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantNo appearance for the Applicant – Notice to issue.Ms. Kambaga for RespondentApplicant – Present in personHon. Lady Justice A. Ong’injoJudge