[2019] KEHC 1517 (KLR)
The court determined that, given the successful reconciliation and counselling sessions between the accused and his family, the positive report from the Probation Officer, and the time already spent in custody, the interests of justice would be best served by placing the accused on probation for two years. The court...
Source-derived case information.
- Citation
- [2019] KEHC 1517 (KLR)
- Parties
- Respondent: Republic; Defendant: Benson Matheka Juma
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2002
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused placed on probation for two years with conditions.
- Judges
- GV Odunga
- Legal Topics
- Sentencing, Probation Orders, Rehabilitation, Family Reintegration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Benson Matheka Juma
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should continue to be incarcerated or be released on probation.
- 2 Whether reconciliation and counselling within the accused's family are necessary preconditions for sentencing.
Ratio Decidendi
The court determined that, given the successful reconciliation and counselling sessions between the accused and his family, the positive report from the Probation Officer, and the time already spent in custody, the interests of justice would be best served by placing the accused on probation for two years. The court emphasized the importance of addressing underlying family issues before sentencing to ensure effective rehabilitation and reintegration. The accused is required to undergo continuous counselling and guidance during the probation period and must strictly adhere to the Probation Officer's instructions, failing which he will serve the remaining term in prison.
Court Disposition
Accused placed on probation for two years with conditions.
Orders
- The accused is placed on probation for a period of two years.
- The accused must undergo continuous counselling and guidance as directed by the Probation Officer.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL CASE NO. 21 OF 2002
(Coram: Odunga, J)
REPUBLIC.............................PROSECUTOR
VERSUS
BENSON MATHEKA JUMA.......ACCUSED
SENTENCE
1. In my ruling in this matter made on 28th October, 2019,I expressed myself, inter alia, as hereunder:
“In this case, the community and the accused’s family as well as the prison authorities are agreed that it is no longer in their interest to keep the accused incarcerated and that the accused may serve the society better outside the prison than inside. However, it is clear that there are some unresolved issues within the accused’s own family that needs to be addressed. These are the issues which are akin to what therapists refer to as “unfinished business”which describe the emotions and memories surrounding past experiences that a person has avoided or repressed, feelings around an event which are not fully processed at the time, often because they are too overwhelming or traumatic.To mete out a sentence without addressing such unfinished business may work injustice to the family of the accused. Accordingly, it is only fair that the said business be addressed and resolved before an appropriate sentence is meted out. In the premises I direct that the Probation Officer preferably in collaboration with the prison church authorities take steps to counsel and reconcile the accused with his family particularly with the wife as regards the changed circumstances in his family composition. Accordingly, I defer the sentencing pending the said process and the filing of a report therefor.”
2. Pursuant to the said decision, the Probation Officer took the steps to counsel and reconcile the accused with his family regarding the changed circumstances in his family composition and prepared a report dated 9th December, 2019. In the said report the said officer disclosed that after holding several sessions with the accused and his family, she concluded that the said sessions were successful and bore fruits in terms of familiarization, expressing frustrations, guilt, remorse and forgiveness, building support system and coming up with the way forward. The said report concluded that the accused could be considered for a second chance and continuous counselling and guidance as he starts facing the issues practically.
3. Having considered the said developments, the accused’s record while in prison and the time already spent in custody, I hereby place the accused on probation for a period of two years. During that time as suggested by the Probation Officer, he is expected to undergo continuous counselling and guidance. He is reminded that he must strictly adhere to the instructions given to him by the Probation Officer and that in the event that he fails to do so, he will be liable to serve the remaining term in prison.
4. It is so ordered.
Judgement read, signed and delivered in open Court at Machakos this 13th December, 2019.
G V ODUNGA
JUDGE
In the presence of:
The Accused in person
Miss Mogoi for the State
CA Geoffrey