[2023] KEHC 22059 (KLR)
The court found that, given the applicant's remorse, positive conduct in prison, supportive family background, and the recommendation of the Community Service Officer, it was appropriate to review the custodial sentence. The court exercised its discretion to substitute the remainder of the prison term with a...
Source-derived case information.
- Citation
- [2023] KEHC 22059 (KLR)
- Parties
- Applicant: Clinton Momanyi Okindo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E167 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed and substituted with community service order.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clinton Momanyi Okindo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed in light of the prison decongestion exercise.
- 2 Whether the applicant is suitable for a community service order as an alternative to imprisonment.
Ratio Decidendi
The court found that, given the applicant's remorse, positive conduct in prison, supportive family background, and the recommendation of the Community Service Officer, it was appropriate to review the custodial sentence. The court exercised its discretion to substitute the remainder of the prison term with a community service order at Lanet Chief’s Camp for one year, aligning with the objectives of rehabilitation and prison decongestion.
Court Disposition
Custodial sentence reviewed and substituted with community service order.
Orders
- The remainder of the applicant's sentence shall be served under community service at Lanet Chief’s Camp for one year.
Full Case Text
Judgment text and source record
22 paragraphs
Okindo v Republic (Revision Case E167 of 2023) [2023] KEHC 22059 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22059 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E167 of 2023
HM Nyaga, J
August 22, 2023
Between
Clinton Momanyi Okindo
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, Clinton Momanyi Okindo was convicted for the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code and sentenced to 3 years’ imprisonment on February 27, 2023.
3. He has so far served about 7 months in prison.
4. According to the Sentence Review Report filed on July 28, 2023, the Community Service Officer, Salim A.G., recommends Community Service at Lanet Chief’s Office for one year.
5. The report further states that the inmate is a form 3 dropout and hails from a humble background where the family engages in subsistence farming and animal keeping. The parents are willing to support the inmate’s alternative rehabilitation if offered the chance.
6. The inmate has been engaged in the building and construction section while in prison and regrets the commission of the offence and pleads for leniency.
7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and review the prison sentence and order that the convict serves the remainder of the sentence under community service at Lanet Chief’s Camp for one (1) year.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H. M. NYAGAJUDGE