[2023] KEHC 22126 (KLR)
The court found that the applicant had demonstrated remorse, positive behavioral change, and readiness for reintegration into society. The Sentence Review Report and the recommendation from the Community Service Officer supported the suitability of community service. In the context of the ongoing prison decongestion...
Source-derived case information.
- Citation
- [2023] KEHC 22126 (KLR)
- Parties
- Applicant: Christopher Shamala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E045 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence reviewed; remainder to be served as community service.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Review, Community Service Orders, Prison Decongestion, Malicious Damage, Disturbance Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Shamala
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed in light of the prison decongestion exercise.
- 2 Whether the applicant is suitable for a non-custodial sentence under community service.
Ratio Decidendi
The court found that the applicant had demonstrated remorse, positive behavioral change, and readiness for reintegration into society. The Sentence Review Report and the recommendation from the Community Service Officer supported the suitability of community service. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to review the custodial sentence and ordered that the remainder of the applicant's sentence be served under community service at Sachangwan Chief’s Camp.
Court Disposition
Custodial sentence reviewed; remainder to be served as community service.
Orders
- The applicant shall serve the remainder of his sentence under community service at Sachangwan Chief’s Camp.
Full Case Text
Judgment text and source record
22 paragraphs
Shamala v Republic (Revision Case E045 of 2023) [2023] KEHC 22126 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22126 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E045 of 2023
HM Nyaga, J
August 22, 2023
Between
Christopher Shamala
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, Christopher Shamala was convicted for the offence of creating disturbance in a manner likely to cause a breach of the peace contrary to section 95 (1) (b) and malicious damage to property contrary to section 339 (1) of the Penal Code and sentenced to serve 1 and a half years’ imprisonment on January 5, 2023.
3. He has so far served about 8 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Douglas Mwiraria recommends Community Service at Sachangwan Chief’s Camp for the remainder of his sentence.
5. The report further states that the convict, upon release from prison, plans to go back and live with his wife who will provide food, shelter and clothing for him till he becomes stable and finds a job. He is a chef by profession and intends to start his own eatery joint to support he and his family.
6. The report states that the convict did not undergo any formal training while in prison; has received counselling geared towards general behavioural chance and the prison authorities vouched for his release stating that he has portrayed a positive change. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.
7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and review the prison sentence and order that the convict serves the remainder of the sentence under community service at Sachangwan Chief’s Camp.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H. M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant