[2020] KEHC 2112 (KLR)
The court found that the applicant's medical condition, as substantiated by medical reports and a letter from the Officer in Charge of Kitale Main Prison, warranted his release from prison. The court exercised its discretion under Rule 27(2) of the Prisons Rules, determining that the applicant's continued...
Source-derived case information.
- Citation
- [2020] KEHC 2112 (KLR)
- Parties
- Applicant: Thaddaeus Wekesa Makokha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 123 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Release to Probation
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Probation Orders, Release on Medical Grounds, Prisoner Health, Sentence Variation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thaddaeus Wekesa Makokha
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Release to Probation
Legal Issues
- 1 Whether the applicant should be released from prison to serve the remainder of his sentence under probation due to serious medical conditions.
- 2 Whether the applicant's continued imprisonment would endanger his health or render him unlikely to survive his sentence.
Ratio Decidendi
The court found that the applicant's medical condition, as substantiated by medical reports and a letter from the Officer in Charge of Kitale Main Prison, warranted his release from prison. The court exercised its discretion under Rule 27(2) of the Prisons Rules, determining that the applicant's continued incarceration would likely endanger his health. Consequently, the court ordered that the applicant be set free from prison and serve the remainder of his sentence under probation, subject to the directions of the relevant Probation Officer.
Court Disposition
application allowed
Orders
- The applicant is set free unless lawfully held for another reason.
- The applicant shall serve the remainder of his sentence under probation as directed by the relevant Probation Officer.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISCELLANEOUS CRIMINAL APPLICATION NO. 123 OF 2019
THADDAEUS WEKESA MAKOKHA...................................APPLICANT
VERSES
REPUBLIC................................................................................RESPODENT
RULING
1. The Applicant was convicted and sentence to a five years’ imprisonment vide Criminal Case No. Kitale 1035 of 2012. His appeal to this court failed. He has therefore filed this application dated 3rd September 2019 praying that he be allowed to serve the remaining period of his prison term under Probation.
2. In his Supporting Affidavit the Applicant has attached several Medical documents which shows that he has been suffering from serious ailments which has resulted into poor alignment of spinal column.
3. These include various letters and Medical summary by DR F. NABONGO, of Kitale County Referral hospital among others. There is also a letter from the Officer in Charge Kitale Main Prison dated 28th September 2020 which gives a chronology of the Applicant’s ailment.
4. When this matter came up the learned state counsel did not object to the same but left it to the discretion of this court.
5. Rule 27(2) of the Prisons Rules Chapter 90 laws of Kenya states as hereunder;
“The Medical Officer shall advise the Officer in charge as to any prisoner who should be released by reason of his health being likely to be endangered by his remaining in prison, or his being unlikely to survive his sentence or being permanently unfit for prison discipline.”
6. Considering the above facts and the fact that the court was able to see the Applicant in court, this application is meritorious.
7. The Applicant is therefore set free unless lawfully held. He shall serve the remainder of the term under Probation as per the directions of the relevant Probation Officer.
8. Orders accordingly.
Dated, signed and delivered at Kitale this 1st day of October 2020.
_________________
H. K. CHEMITEI
JUDGE
1/10/2020
In the presence of:
Miss Mumo for Respondent present
Applicant present
Court Assistant – Kirong
Ruling read in open court