[2024] KEHC 10875 (KLR)
The court found that the applicant, having served four years and seven months of his ten-year sentence with only two years and two months remaining after remission, fell within the category eligible for non-custodial consideration under the Chief Justice's decongestion memo. The Probation Report indicated the...
Source-derived case information.
- Citation
- [2024] KEHC 10875 (KLR)
- Parties
- Applicant: Alex Achuti Onguti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 233 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; custodial sentence substituted with community service.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Sexual Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Achuti Onguti
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 rehabilitation support a revision of his custodial sentence.
Ratio Decidendi
The court found that the applicant, having served four years and seven months of his ten-year sentence with only two years and two months remaining after remission, fell within the category eligible for non-custodial consideration under the Chief Justice's decongestion memo. The Probation Report indicated the applicant's positive rehabilitation and readiness for reintegration, with support from his family and local administration. The court concluded that the applicant was suitable for a non-custodial sentence and ordered him to serve twelve months of unpaid community service at Kibera Health Centre under supervision.
Court Disposition
Application for revision allowed; custodial sentence substituted with community service.
Orders
- The applicant is placed on unpaid Community Service for twelve months at Kibera Health Centre under the supervision of the Public Health Officer.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Onguti v Republic (Criminal Revision 233 of 2024) [2024] KEHC 10875 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10875 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 233 of 2024
DR Kavedza, J
September 17, 2024
Between
Alex Achuti Onguti
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 on two counts for the offence committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten (10) years imprisonment on both counts. Upon appeal to the High Court, Nzioka J ordered that the sentences should run concurrently.
3. According to the Prison Conduct Report dated 15th August 2024, the applicant has served four years and seven months of his sentence, with two years and two months remaining, after accounting for a remission period of three years and four months.
4. A Probation Report was filed with respect to the Applicant. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. His family and the local administration are also ready to facilitate his progressive reintegration upon release.
5. 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.
6. I therefore order that the applicant be placed on unpaid Community Service for twelve (12) months at Kibera Health Centre, under the supervision of the Public Health Officer.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. D. KAVEDZAJUDGE