[2024] KEHC 3428 (KLR)
The court found that, although the applicant had only served three months of a three-year sentence for breaking into a building and committing a felony, the positive probation report, his health status, and the support from his family justified a departure from the custodial sentence. The court held that the...
Source-derived case information.
- Citation
- [2024] KEHC 3428 (KLR)
- Parties
- Applicant: Ismael Ramadhan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E070 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application for sentence review allowed; custodial sentence substituted with probation.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Probation Orders, Plea of Guilty, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ismael Ramadhan
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant should benefit from a non-custodial sentence in light of the probation report and his health status.
- 2 Whether the period already served in custody is sufficient for rehabilitation given the circumstances.
Ratio Decidendi
The court found that, although the applicant had only served three months of a three-year sentence for breaking into a building and committing a felony, the positive probation report, his health status, and the support from his family justified a departure from the custodial sentence. The court held that the remaining period of 1 year and 8 months could be served under probation, with strict conditions including monthly reports, victim-offender mediation, and the threat of resentencing if the applicant reoffends. The court emphasized the rehabilitative and reparative functions of the correctional system and concluded that, in these exceptional circumstances, a non-custodial sentence was...
Court Disposition
Application for sentence review allowed; custodial sentence substituted with probation.
Orders
- The applicant is placed on probation for a period of 1 year and 8 months.
- The probation officer shall file monthly reports and undertake victim-offender mediation.
Full Case Text
Judgment text and source record
21 paragraphs
Ramadhan v Republic (Criminal Revision E070 of 2024) [2024] KEHC 3428 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3428 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E070 of 2024
RN Nyakundi, J
April 11, 2024
Between
Ismael Ramadhan
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and sentenced on his own plea of guilty to 3 years imprisonment for the offence of breaking into a building and committing a felony contrary to section 306(a) of the penal code.
2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p) &(q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.
3. The applicant seeks a sentence review based on the Probation sentence report filed on 26th March, 2024. The report is positive and recommends him for a probation sentence for a period of 1 year and 8months.
4. The applicant states that he has learned a lesson and would wish to be given a chance through non-custodial. He prays that he be considered for a non-custodial sentence and promises to abide by all the conditions given. The nucleus of any correctional system is its rehabilitative and reparative functions.
5. I have considered the report and noted that the applicant has only served a period of three months out of 3 years. It has been suggested that he is sickly and that the prison authorities have earmarked him for early release due to his health status. The family is aware of his status in prison and are requesting for leniency to allow them to give him medical attention.
6. In my considered view and taking into consideration the probation report, the circumstances of the applicant allow him benefit from a non-custodial sentence. This could not be the case in ordinary circumstances. An accused person ought to serve a reasonable period to facilitate rehabilitation. The remaining period of 1 year 8 months can be utilized through a non-custodial sentence. I believe the applicant is suitable for a non-custodial sentence. He is hereby placed on a probation sentence for a period of 1 year 8 months. During this period the probation officer shall file monthly reports, undertake victim offender mediation, and follow up on any other underlying issues for the applicant to stay away from any criminal activities and that any re-offending of any nature shall suspend the probation order and the court shall be at liberty to resentence the applicant to serve the full term of imprisonment.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11THDAY OF APRIL 2024. ........................R. NYAKUNDIJUDGE