[2023] KEHC 22024 (KLR)
The court found that despite the applicant's remorse and good conduct in prison, the lack of family support, accommodation, and negative recommendations from the Community Service Officer and local administration weighed against granting a non-custodial sentence. The court determined that the interests of justice...
Source-derived case information.
- Citation
- [2023] KEHC 22024 (KLR)
- Parties
- Applicant: Gilbert Kipkorir Rotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E036 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Under Prison Decongestion Exercise
- Outcome
- Application for sentence revision declined; custodial sentence to continue until completion.
- Judges
- HM Nyaga
- Legal Topics
- Malicious Damage to Property, Sentencing Review, Prison Decongestion, Non Custodial Sentence
- 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
Gilbert Kipkorir Rotich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Under Prison Decongestion Exercise
Legal Issues
- 1 Whether the applicant should be released from custody and allowed to serve the remainder of his sentence on a non-custodial basis.
- 2 Whether the applicant's rehabilitation and reintegration prospects justify a revision of the custodial sentence.
Ratio Decidendi
The court found that despite the applicant's remorse and good conduct in prison, the lack of family support, accommodation, and negative recommendations from the Community Service Officer and local administration weighed against granting a non-custodial sentence. The court determined that the interests of justice and the applicant's rehabilitation would be better served by allowing him to complete his custodial sentence as originally imposed. The court thus declined to revise the sentence or order early release under the prison decongestion exercise.
Court Disposition
Application for sentence revision declined; custodial sentence to continue until completion.
Orders
- The applicant, Gilbert Kipkorir Rotich, shall continue to serve his custodial sentence until completion.
- File closed.
Full Case Text
Judgment text and source record
24 paragraphs
Rotich v Republic (Revision Case E036 of 2023) [2023] KEHC 22024 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22024 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E036 of 2023
HM Nyaga, J
August 22, 2023
Between
Gilbert Kipkorir Rotich
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.
2. The applicant, Gilbert Kipkorir Ruto was convicted for the offence of malicious damage to property contrary to section 339 (1) of the Penal Code and sentenced to serve 6 months’ imprisonment on April 27, 2023.
3. He has so far served about 5 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, N.O Nancy, does not recommend the offender for a non-custodial sentence since his parents are coy about having him back and as such there will be challenges in regard to accommodation, the local administration does not vouch for him either.
5. The report further states that the inmate is a class 8 drop out and blames his woes on his drunken state on that fateful day. His parents are not willing to have him back at the moment and wishes that he completes his sentence.
6. The report states that the officers in Nakuru Main Prison averred that he has been of good conduct and has been attached to the tree nursery and slashing section as well as acquiring skills in tendering for trees and flowers that he can exploit once out of prison to earn a living.
7. The inmate expresses genuine remorse and pleads for court’s leniency promising to mend his ways stating that he has learnt his mistakes the hard way and is willing to serve the rest of his sentence on non-custodial sentence.
8. In light of the above and having taken into consideration, the prison assessment, the inmate’s rehabilitation and re-integration, I hereby order the continuance of the inmate, Gilbert Kipkorir Ruto’s, custodial sentence until completion.
9. File closed.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22NDAUGUST 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant