[2023] KEHC 22114 (KLR)
The court found that the applicant, having served approximately six months of a custodial sentence for obtaining by false pretences, demonstrated remorse and had positive prospects for reintegration into the community, as evidenced by the Sentence Review Report. The court exercised its discretion, guided by the need...
Source-derived case information.
- Citation
- [2023] KEHC 22114 (KLR)
- Parties
- Applicant: Jackson Kipng’Etich Ruto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E057 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Custodial sentence substituted with community service order.
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Review, False Pretences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kipng’Etich Ruto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be substituted with a community service order in light of the Prisons Decongestion Exercise.
- 2 Whether the applicant is a suitable candidate for a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having served approximately six months of a custodial sentence for obtaining by false pretences, demonstrated remorse and had positive prospects for reintegration into the community, as evidenced by the Sentence Review Report. The court exercised its discretion, guided by the need to decongest prisons and the applicant's suitability for a non-custodial sentence, to substitute the remainder of the custodial sentence with a community service order at Koige Chief’s Camp. The decision was informed by the applicant's conduct in prison, family support, and the recommendation of the Community Service Officer.
Court Disposition
Custodial sentence substituted with community service order.
Orders
- The applicant is released from prison forthwith.
- The applicant is to serve the remainder of his sentence on community service at Koige Chief’s Camp.
Full Case Text
Judgment text and source record
21 paragraphs
Ruto v Republic (Revision Case E057 of 2023) [2023] KEHC 22114 (KLR) (22 August 2023) (Revision)
Neutral citation: [2023] KEHC 22114 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E057 of 2023
HM Nyaga, J
August 22, 2023
Between
Jackson Kipng’Etich Ruto
Applicant
and
Republic
Respondent
Revision
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The Applicant Jackson Kipng’etich Ruto was convicted for the offence of obtaining by false pretences contrary to section 313 of the Penal Code and sentenced to pay Kshs 15,000 and in default serve 2 years’ imprisonment on March 21, 2023.
3. He has so far served about 6 months in prison.
4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Julia Isomi recommends community service.
5. According to the said Report the convict is a casual labourer and prior to his arrest he was staying at home with his parents. He intends to take part in farming activities upon his release. He maintains communication with his family through phone calls and they are willing to welcome him back upon his release. The prison officers state that the convict has been assisting in building while in prison. The Applicant is remorseful and pleading for a chance to serve a non- custodial sentence.
6. 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 Koige Chief’s Camp for the remainder of his sentence.
DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST, 2023. H.M. NYAGAJUDGE