[2023] KEHC 22102 (KLR)
The court found that the applicant had served a substantial portion of his sentence, demonstrated remorse and positive behavioral change, and received strong recommendations for release from the Community Service Officer, prison authorities, and the area chief. In the context of the ongoing prison decongestion...
Source-derived case information.
- Citation
- [2023] KEHC 22102 (KLR)
- Parties
- Applicant: Dominic Ochungo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E034 of 2023
- Procedural Posture
- Revision Application / Ruling
- Outcome
- Sentence reviewed; custodial sentence suspended; applicant released to serve community service.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Prison Decongestion, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Ochungo
Applicant
Republic
Respondent
Procedural Posture
Revision Application / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a non-custodial sentence under the prison decongestion exercise.
- 2 Whether the applicant is suitable for community service based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his sentence, demonstrated remorse and positive behavioral change, and received strong recommendations for release from the Community Service Officer, prison authorities, and the area chief. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to suspend the remainder of the custodial sentence and ordered the applicant's release to serve community service at Chesingele Primary School. The decision was guided by the need to promote rehabilitation, reintegration, and reduce prison overcrowding, while ensuring that the applicant remains accountable through supervised community...
Court Disposition
Sentence reviewed; custodial sentence suspended; applicant released to serve community service.
Orders
- The remainder of the prison sentence is suspended.
- The applicant, Dominic Ochungo, is released from prison to perform community service at Chesingele Primary School under supervision, unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Ochungo v Republic (Revision Case E034 of 2023) [2023] KEHC 22102 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22102 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E034 of 2023
HM Nyaga, J
August 22, 2023
Between
Dominic Ochungo
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 Dominic Ochungo was convicted for the offence of Stealing Farm Produce contrary to section 8 (1) as read with 8 (2) of the Stock and Produce Theft Act cap 335 and sentenced to serve 1 year imprisonment on December 20, 2022.
3. He has so far served about 8 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Dorothy Bett recommends community service.
5. According to the said Report the convict intends to go back home and live with his family who will provide him with basic needs until he finds a job. He enjoyed a cordial relationship with them prior to his arrest and they all believe he has learnt his lesson and can be released. The prison officers vouched for his release stating that he has demonstrated a positive change after undergoing counselling geared towards behavioural change.The area chief also vouches for him and believes he is deserving of a non-custodial sentence.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 suspend the remainder of the prison sentence and order for the release of the convict Dominic Ochungo from prison to perform community service at Chesingele Primary School under the supervision of the school’s duty officer 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 stateApplicant