[2016] KEHC 6247 (KLR)
The court found that the applicant, having served nearly the entirety of his three-year sentence and suffering from a terminal illness as confirmed by the Community Service Officer's Report, warranted a reduction of his sentence. The court exercised its revisionary jurisdiction to reduce the sentence to the period...
Source-derived case information.
- Citation
- [2016] KEHC 6247 (KLR)
- Parties
- Applicant: Samuel Ndirangu Gichohi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Revision Case 20 of 2015
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicant released unless otherwise lawfully held
- Legal Topics
- Sentence Revision, Community Service Orders, Terminal Illness Inmates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ndirangu Gichohi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's remaining prison sentence should be commuted to community service due to his terminal illness.
- 2 Whether the applicant should be released based on the time already served and his health condition.
Ratio Decidendi
The court found that the applicant, having served nearly the entirety of his three-year sentence and suffering from a terminal illness as confirmed by the Community Service Officer's Report, warranted a reduction of his sentence. The court exercised its revisionary jurisdiction to reduce the sentence to the period already served, holding that continued imprisonment would not serve the interests of justice or humanity. The applicant was therefore ordered to be released unless otherwise lawfully held.
Court Disposition
sentence revised; applicant released unless otherwise lawfully held
Orders
- The applicant's prison sentence is reduced to the term already served.
- The applicant is to be set at liberty unless lawfully held under a separate warrant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
REVISION CASE NO. 20 OF 2015
SAMUEL NDIRANGU GICHOHI………………………APPLICANT
VERSUS
REPUBLIC……………………………...…………….RESPONDENT
RULING
The applicant was charged in Mukurweini Senior Principal Magistrates Court Criminal Case No. 154 of 2014 with the offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code. He was convicted on his own plea of guilty and sentenced to serve three years imprisonment.
The appellant’s case was brought before this court for revision and consideration of whether the remainder of his sentence could be commuted to community service rather. It would appear the reason for the need for revision of the sentence is informed by the fact that he is suffering from a terminal disease. This information is contained in Community Service Officer’s Report dated 18th January, 2015.
As at the time the report was made the applicant had served eleven and a half months of his prison term and he was remaining with more 16 months to serve.
Between January, 2015 and to date the 18th March, 2016, the applicant has virtually completed his sentence. Considering his health condition I order that his prison sentence be reduced to the term he has served. Accordingly, he is set at liberty unless he is lawfully held under a separate warrant.
Signed, dated and delivered in open court this 18th March, 2016
Ngaah Jairus
JUDGE