[2023] KEHC 22068 (KLR)
The court found that the applicant, having served about half of his custodial sentence, demonstrated remorse and willingness to serve a non-custodial sentence. The Sentence Review Report supported his suitability for community service. In the context of the ongoing Prisons Decongestion Exercise, the court exercised...
Source-derived case information.
- Citation
- [2023] KEHC 22068 (KLR)
- Parties
- Applicant: John Kamari Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E042 of 2023
- Procedural Posture
- Revision / Sentence Review
- Outcome
- Custodial sentence revised to community service order.
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Review, Possession of Illicit Alcohol, Prisons Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kamari Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Revision / Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence in light of the Prisons Decongestion Exercise.
- 2 Whether the applicant qualifies for community service based on the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having served about half of his custodial sentence, demonstrated remorse and willingness to serve a non-custodial sentence. The Sentence Review Report supported his suitability for community service. In the context of the ongoing Prisons Decongestion Exercise, the court exercised its discretion to substitute the remaining custodial sentence with a community service order at Moricho Primary School for the remainder of the sentence. The decision was guided by the need to decongest prisons and the positive conduct of the applicant while incarcerated.
Court Disposition
Custodial sentence revised to 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 Moricho Primary School.
Full Case Text
Judgment text and source record
22 paragraphs
Wanjiru v Republic (Revision Case E042 of 2023) [2023] KEHC 22068 (KLR) (22 August 2023) (Revision)
Neutral citation: [2023] KEHC 22068 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E042 of 2023
HM Nyaga, J
August 22, 2023
Between
John Kamari Wanjiru
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 John Kamari Wanjiru was convicted for the offence of being in possession of alcoholic drink that does not conform to the requirements of section 27 (1) (b) and section 27 (4) of the Alcoholic Drinks Control Act Cap 121 (A) No 4 of 2010 and sentenced to pay a fine of Kshs 25,000 and in default, serve 1-year imprisonment on February 6, 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 dropped out of school due to marriage and is currently married with one child. He has been taking part in welding and cleaning while serving his sentence. The Applicant is remorseful and is willing 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 Moricho Primary School for the remainder of his sentence.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22NDAUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant