[2023] KEHC 3940 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the positive recommendations in the Sentence Review Report, the applicant's demonstrated rehabilitation and industriousness while in prison, and the broader policy objective of decongesting prisons....
Source-derived case information.
- Citation
- [2023] KEHC 3940 (KLR)
- Parties
- Applicant: Charles Salamba Vidonye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E639 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Review, Community Service Orders, Sabotage Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Salamba Vidonye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence in light of the Sentence Review Report and recommendations for community service.
- 2 Whether the applicant is a suitable candidate for community service based on his conduct and rehabilitation in prison.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence to a community service order based on the positive recommendations in the Sentence Review Report, the applicant's demonstrated rehabilitation and industriousness while in prison, and the broader policy objective of decongesting prisons. The court found that the applicant had acquired skills and shown discipline, making him a suitable candidate for community service. The court ordered the applicant's immediate release from prison and placement on community service at Gilgil Township primary school for the remainder of his sentence, with strict supervision and monitoring. The court further warned that any breach...
Court Disposition
custodial sentence revised to community service order
Orders
- The applicant is released from prison forthwith and placed on community service at Gilgil Township primary school for the remaining period of his sentence.
- The applicant shall be supervised by the Chief, Gilgil location, with weekly reports to the Probation Officer, Nakuru.
Full Case Text
Judgment text and source record
23 paragraphs
Vidonye v Republic (Revision Case E639 of 2022) [2023] KEHC 3940 (KLR) (4 May 2023) (Ruling)
Neutral citation: [2023] KEHC 3940 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E639 of 2022
HM Nyaga, J
May 4, 2023
Between
Charles Salamba Vidonye
Applicant
and
Republic
Respondent
Ruling
1. The applicant Charles Salamba Vidonye was convicted on his own plea of guilty for the offence of Sabotage contrary to section 343 of the Penal Code and Stealing things forming part of Railway Contrary to section 279(d) of the Penal Code.
2. He was sentenced to serve 5 years’ imprisonment on each count which were to run concurrently on April 7, 2021.
3. The Sentence Review Report filed on April 27, 2023, the Probation Officer, Elizabeth Kwamboka recommends community service.
4. According to the said Sentence report, the Prison officers state that the Applicant is attached at the industry where he has been engaging in carpentry work together with polishing wooden structures and has undertaken Christian facility courses in the facility. The said officers talk positively of the applicant describing him as a hardworking and disciplined person in the facility. The applicant plans to use the skills learnt in prison to earn a living if granted a non-custodial sentence.
5. With a view to decongest prison, I am of the view that this court should invoke its unfettered discretion.
6. I therefore order that the convict/applicant be released from prison forthwith and be placed on Community Service at Gilgil Township primary school for the remaining period of his sentence. He shall be closely supervised by the Chief, Gilgil location who shall ensure the convict religiously performs any assigned community service to his satisfaction and weekly reports made to the Probation Officer, Nakuru who shall monitor the behaviour of the convict for the remainder of the sentence.
7. The applicant is, as required, made aware that in the event of a breach, the CSO order shall be revoked and he shall be returned to prison to serve the entire prison term imposed and not served.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 4thMAY, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant present