[2023] KEHC 22050 (KLR)
The court found that the applicant had served part of his sentence, demonstrated remorse, and was recommended for community service by both the Community Service Officer and prison authorities. In the context of the ongoing prison decongestion exercise, and considering the applicant's positive behavioral change and...
Source-derived case information.
- Citation
- [2023] KEHC 22050 (KLR)
- Parties
- Applicant: Dennis Yegon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E063 of 2023
- Procedural Posture
- Revision / Ruling on Sentence Review and Prison Decongestion
- Outcome
- Application for sentence revision allowed; custodial sentence substituted with community service.
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Prison Decongestion, Preparation to Commit Felony
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Yegon
Applicant
Republic
Respondent
Procedural Posture
Revision / Ruling on Sentence Review and Prison Decongestion
Legal Issues
- 1 Whether the applicant should be released from prison and allowed to serve the remainder of his sentence under community service in light of the prison decongestion exercise.
- 2 Whether the applicant has demonstrated remorse and suitability for a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had served part of his sentence, demonstrated remorse, and was recommended for community service by both the Community Service Officer and prison authorities. In the context of the ongoing prison decongestion exercise, and considering the applicant's positive behavioral change and readiness for reintegration, the court exercised its discretion to release the applicant from prison and order that he serve the remainder of his sentence under community service at Sundu Primary School.
Court Disposition
Application for sentence revision allowed; custodial sentence substituted with community service.
Orders
- The applicant is released from prison and shall serve the remainder of his sentence under community service at Sundu Primary School.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Yegon v Republic (Revision Case E063 of 2023) [2023] KEHC 22050 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22050 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E063 of 2023
HM Nyaga, J
August 22, 2023
Between
Dennis Yegon
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, Dennis Yegon was convicted was convicted for the offence of preparation to commit a felony contrary to section 308 (2) of the Penal Codeand sentenced to pay a fine Kshs. 30,000/= and in default to serve 1-year imprisonment on June 7, 2023.
3. He has so far served about 3 months in prison.
4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, Antony Kihato recommends Community Service at Sundu Primary School 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 father who will provide food, shelter and clothing for him till he becomes stable and finds a job. He intends to go back to boda boda industry where he was a ride prior to his arrest and incarceration.
6. The report states that the convict did not undergo any formal training while in prison but 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 order that the convict be released from prison and that he serves the remainder of the sentence under community service at Sundu Primary School.
8. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGE