Bahati v Republic [2024] KEHC 10854 (KLR)

Bahati v Republic (Miscellaneous Criminal Application E040 of 2024) [2024] KEHC 10854 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10854 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E040 of 2024

DR Kavedza, J

September 17, 2024

Between

Joseph Wambua Bahati

Applicant

and

Republic

Respondent

Ruling

1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.

2. I have gone through the file and noted that applicant was convicted by the trial court for the offence of defilement contrary to section 8(1) as read with 8(4) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve fourteen years and eight months imprisonment.

3. A Probation Report was filed with respect to the Applicant, indicating that he is due for release on 3/12/2025, which is about one year and two months, from the date of this ruling.

4. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. He has expressed remorse and regret for his criminal life, and recognises the harm caused by his actions. The Applicant’s family and community are also ready to facilitate his progressive reintegration upon release.

5. The findings in the probation report are in favour of the applicant and I accordingly find that he can benefit from a non-custodial sentence.

6. I therefore order that the applicant be placed on probation for six (6) months at Kibera Probation Station, under the supervision of the Sub-county probation officer, Kibera.

7. File closed.Orders accordingly.

RULING DELIVERED VIRTUALLY THIS 17THDAY OF SEPTEMBER 2024. ...........................D. KAVEDZAJUDGE