[2023] KEHC 22028 (KLR)
The court found that the applicant had served a substantial portion of his sentence, demonstrated genuine remorse, and had the support of both his family and the complainant for a non-custodial sentence. The Probation Officer's report recommended community service, and the complainant did not object. In the context...
Source-derived case information.
- Citation
- [2023] KEHC 22028 (KLR)
- Parties
- Applicant: Erick Kipkirui Ruto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E035 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Applicant released from prison and placed on community service for the remainder of his sentence.
- Judges
- HM Nyaga
- Legal Topics
- Malicious Damage to Property, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Kipkirui Ruto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant should be released from prison and placed on community service for the remainder of his sentence.
- 2 Whether the applicant has demonstrated sufficient remorse and rehabilitation to warrant a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his sentence, demonstrated genuine remorse, and had the support of both his family and the complainant for a non-custodial sentence. The Probation Officer's report recommended community service, and the complainant did not object. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to release the applicant from prison and place him on community service for the remainder of his sentence, finding this to be a proportionate and rehabilitative response.
Court Disposition
Applicant released from prison and placed on community service for the remainder of his sentence.
Orders
- The applicant is released from prison forthwith.
- The applicant is to serve the remainder of his sentence on Community Service at Londiani Police Station under the supervision of the officer in charge.
Full Case Text
Judgment text and source record
24 paragraphs
Ruto v Republic (Revision Case E035 of 2023) [2023] KEHC 22028 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22028 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E035 of 2023
HM Nyaga, J
August 22, 2023
Between
Erick Kipkirui Ruto
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, Erick Kipkirui 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 Probation Officer, Newton Majale recommends Community Service at Londiani Police Station for the remainder of his sentence.
5. The report further states that the inmate is semi-skilled as he did not finish primary level of education and ventured into quarrying stones for a living till his time of arrest. He is single and plans to continue staying with his parents who will help him settle.
6. The report states that the convict did not undergo any formal training while in prison, the complainant believes that the inmate has reformed hence has no objection if released on non-custodial sentence.
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 with the view to decongest the prison, I hereby exercise judicial discretion and order the Convict/Applicant be released from prison forthwith and be placed on Community Service at Londiani Police Station under the supervision of the officer in charge for the remainder of his sentence.
9. File closed.
DATED, SIGNED & DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant