[2024] KEHC 10822 (KLR)
The court found that the applicant, convicted of defilement and serving a reduced sentence of twenty years, had only three years remaining. The probation report indicated positive rehabilitation, remorse, and readiness for reintegration. In line with the Chief Justice's decongestion memo, the court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 10822 (KLR)
- Parties
- Applicant: Evans Okwemba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 207 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; custodial sentence substituted with community service.
- Judges
- DR Kavedza
- Legal Topics
- Defilement, Sentencing Review, Non Custodial Sentences, Sexual Offences Act, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Okwemba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and remaining sentence justify substitution of imprisonment with community service.
Ratio Decidendi
The court found that the applicant, convicted of defilement and serving a reduced sentence of twenty years, had only three years remaining. The probation report indicated positive rehabilitation, remorse, and readiness for reintegration. In line with the Chief Justice's decongestion memo, the court exercised its discretion to substitute the remaining custodial sentence with a non-custodial community service order, finding that the applicant met the criteria and posed no undue risk to the community.
Court Disposition
Application for revision allowed; custodial sentence substituted with community service.
Orders
- The applicant is placed on community service for twelve (12) months at Kawangware Chief’s Camp under the supervision of Kawangware Location Chief.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Okwemba v Republic (Criminal Revision 207 of 2024) [2024] KEHC 10822 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10822 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 207 of 2024
DR Kavedza, J
September 17, 2024
Between
Evans Okwemba
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that applicant was convicted by the trial court for the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve life imprisonment. Upon Appeal to the High Court, Mutende (J) substituted the sentence of life imprisonment with a sentence of twenty (20) years imprisonment, which the Applicant is currently serving.
3. A Probation Report was filed with respect to the Applicant, indicating that he has three (3) years left to complete her sentence. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. He has expressed remorse and takes responsibility for his actions. The findings in the probation report are in favour of the applicant and I accordingly find that he can benefit from a non-custodial sentence.
4. I therefore order that the applicant be placed on Community service for twelve (12) months at Kawangware Chief’s Camp, under the supervision of Kawangware Location Chief.
5. File closed.
Orders accordingly.
RULING DELIVERED THIS 17THDAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE