Bahati v Republic [2024] KEHC 10936 (KLR)

Bahati v Republic (Criminal Revision E040 of 2024) [2024] KEHC 10936 (KLR) (20 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10936 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E040 of 2024

DR Kavedza, J

September 20, 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. The applicant was charged and convicted for the offence of defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve 14 years and 8 months imprisonment. Since his conviction, he has already served 8 years and 9 months.

3. The probation s availed in court were favourable. Additionally, the report indicates that the applicant is remorseful and prays that he be granted community service.

4. As for conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. His family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.

5. In view of the foregoing, it is my finding that the applicant is eligible for early release. I therefore find the time served as adequate sentence under the circumstances. The applicant is directed to report to the Chief Kibera to assist in reintegration.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 20TH DAY OF SEPTEMBER 2024. ............................D. KAVEDZAJUDGE