[2024] KEHC 2981 (KLR)
The court found that the applicant had served a substantial part of his custodial sentence for the offence of preparation to commit a felony. The Sentence Review Report by the Probation Officer recommended the applicant as suitable for community service, specifically at Kaptembwa Chief’s Camp. The court exercised...
Source-derived case information.
- Citation
- [2024] KEHC 2981 (KLR)
- Parties
- Applicant: Peter Zacharia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E038 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Preparation to Commit Felony
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Zacharia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that the applicant had served a substantial part of his custodial sentence for the offence of preparation to commit a felony. The Sentence Review Report by the Probation Officer recommended the applicant as suitable for community service, specifically at Kaptembwa Chief’s Camp. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order for nine months, finding this to be a fit case for such revision in the interest of decongesting the prison and in line with the probation officer's recommendation.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Kaptembwa Chief’s Camp for nine months.
Full Case Text
Judgment text and source record
23 paragraphs
Zacharia v Republic (Revision Case E038 of 2024) [2024] KEHC 2981 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2981 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E038 of 2024
HM Nyaga, J
March 14, 2024
Between
Peter Zacharia
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of Preparation to commit a felony Contrary to Section 308(1) of the Penal Code.
3. The particulars are that; On the 29th day of November, 2023 at Mazembe area Rhonda Estate in Nakuru West Sub County within Nakuru County, jointly you were found at around 2145 hours armed with dangerous weapons namely kitchen knives in circumstances that indicate you were so armed with the intent to commit a felony.
4. He pleaded guilty and he was sentenced to pay a fine of Kshs. 20,000/- in default serve eighteen (18) months imprisonment.
5. The Applicant has served a substantial part of this sentence.
6. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kaptembwa Chief’s Camp.
7. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kaptembwa Chief’s Camp for Nine (9) months.
8. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 14TH DAY OF MARCH, 2024. _______________H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state