[2024] KEHC 10909 (KLR)
The court found that the applicant, having less than three years remaining on her sentence and demonstrating good behaviour and receptiveness to rehabilitation, met the criteria set out in the Chief Justice's decongestion memo. The probation and prison reports were favourable, indicating that the applicant had...
Source-derived case information.
- Citation
- [2024] KEHC 10909 (KLR)
- Parties
- Applicant: Juliana Rehema; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 228 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to non-custodial community service order.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Non Custodial Sentences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliana Rehema
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 her custodial sentence.
Ratio Decidendi
The court found that the applicant, having less than three years remaining on her sentence and demonstrating good behaviour and receptiveness to rehabilitation, met the criteria set out in the Chief Justice's decongestion memo. The probation and prison reports were favourable, indicating that the applicant had positively transformed and was suitable for a non-custodial sentence. Accordingly, the court exercised its discretion to revise the custodial sentence to a community service order, balancing the interests of justice, rehabilitation, and public policy on prison decongestion.
Court Disposition
Custodial sentence revised to non-custodial community service order.
Orders
- The applicant is placed on community service for twelve (12) months at Mahanga Chief’s camp, under the supervision of Kakamega Probation Station.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Rehema v Republic (Criminal Revision 228 of 2024) [2024] KEHC 10909 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10909 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 228 of 2024
DR Kavedza, J
September 17, 2024
Between
Juliana Rehema
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 and sentenced on two counts. In count 1, she was convicted for the offence of conspiracy to defile contrary to section 157 of the Penal Code, and sentenced to serve 3 years imprisonment. In count 2, she was convicted for gang defilement and sentenced to 7 years imprisonment.
3. According to the Recommendation Report from Prison dated 7th August 2024, the applicant has 1 year and 2 months left to complete her sentence. The Report also indicates that the Applicant has been of good behaviour since her admission to prison.
4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison. The report also indicates that the Applicant believes that her time in prison has positively transformed her life.
5. The findings in the probation report are in favour of the applicant and I accordingly find that she can benefit from a non-custodial sentence.
6. I therefore order that the applicant be placed on community service for twelve (12) months at Mahanga Chief’s camp, under the supervision of Kakamega Probation Station.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. .........................D. KAVEDZAJUDGE