[2024] KEHC 11557 (KLR)
The court found that the applicant, having pleaded guilty to conveying suspected stolen property and serving a portion of his sentence, had shown remorse and positive engagement with rehabilitation programs. The Probation Report was favourable, and in line with the Chief Justice's directive on prison decongestion,...
Source-derived case information.
- Citation
- [2024] KEHC 11557 (KLR)
- Parties
- Applicant: Stephen Kikumi Nzesya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 145 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review allowed; custodial sentence revised to community service.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kikumi Nzesya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is eligible for early release under the prison decongestion initiative.
- 2 Whether the applicant's conduct and remorse justify a revision of his custodial sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to conveying suspected stolen property and serving a portion of his sentence, had shown remorse and positive engagement with rehabilitation programs. The Probation Report was favourable, and in line with the Chief Justice's directive on prison decongestion, the court determined that the applicant was eligible for early release. The custodial sentence was revised, and the applicant was placed on community service for the remainder of his sentence under supervision.
Court Disposition
Application for sentence review allowed; custodial sentence revised to community service.
Orders
- The applicant shall be placed on community service under the supervision of Embakasi Chief Office for a period of nine months.
Full Case Text
Judgment text and source record
20 paragraphs
Nzesya v Republic (Criminal Revision 145 of 2024) [2024] KEHC 11557 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11557 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 145 of 2024
DR Kavedza, J
September 30, 2024
Between
Stephen Kikumi Nzesya
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Stephen Kikumi Nzesya is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted for the offence of conveying suspected stolen property contrary to section 323 of the Penal Code. He pleaded guilty and was sentenced to serve two (2) years imprisonment.
3. According to the Probation Report filed in court indicates that the applicant has been receptive to Rehabilitation programs while in prison. Additionally, the report indicates that the applicant is remorseful and prays that he be granted an early release. Furthermore, he has nine months left in his sentence.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the Probation Report found in his favour.
5. The applicant shall be placed on community service under the supervision of Embakasi Chief Office for a period of nine (9) months.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF SEPTEMBER 2024D. KAVEDZAJUDGE