Kithae v Republic [2024] KEHC 10932 (KLR)

Kithae v Republic (Criminal Revision 212 of 2024) [2024] KEHC 10932 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10932 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 212 of 2024

DR Kavedza, J

September 17, 2024

Between

Sylvia Wanjira Kithae

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 stealing by servant contrary to section 281 of the Penal Code. She was sentenced to serve four years imprisonment. She filed a revision in Kibera Criminal Revision No. 44 of 2024, where, vide the ruling delivered on 1st March 2024, the sentence of four years was set aside and substituted with a sentence of two years imprisonment.

3. According to the Recommendation Report from Prison dated 7th August 2024, the applicant has 6 months left to complete her sentence. The Report also indicates that the Applicant has been of good behaviour since her admission to prison.

4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation programs while in prison and she remorseful about committing the offence.

5. The findings in the probation report are in favour of the applicant and I accordingly find that she is eligible for a non-custodial sentence.

6. I therefore order that the Applicant be placed on community service for six (6) months at Githemu Dispensary, under the supervision of the Officer in Charge, Kibera Probation Station.

7. File closed.Orders accordingly.

RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ....................................................D. KAVEDZAJUDGE