Korir v Republic [2023] KEHC 22086 (KLR)

Korir v Republic (Revision Case E024 of 2023) [2023] KEHC 22086 (KLR) (22 August 2023) (Revision)

Neutral citation: [2023] KEHC 22086 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E024 of 2023

HM Nyaga, J

August 22, 2023

Between

Robert Korir

Applicant

and

Republic

Respondent

Revision

1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.

2. The Applicant Robert Korir was convicted for the offence of Stealing Motor Vehicle Parts contrary to Section 279 (c) of the Penal Code and sentenced to pay a fine of Kshs. 50,000 and in default, serve 1-year imprisonment on May 10, 2023.

3. He has so far served about 3 months in prison.

4. In the Sentence Review Report filed on August 2, 2023 the Community Service Officer, Kevin Kariuki recommends community service.

5. According to the said Report the convict has a motor vehicle (mechanics) course which he was using as a trade prior to his arrest. He is married and expecting a baby with his wife. He intends to go back to working as a mechanic upon his release. Only one uncle visited him while in prison. The prison officers say he has been conducting himself well and has been a cleaner in the staff dispensary. The Applicant is remorseful and is willing to serve a non- custodial sentence.

6. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion and order the Convict/Applicant be released from prison forthwith and be placed on Community Service at Kipsirichet Chief’s Camp for the remainder of his sentence.

DATED, SIGNED AND DELIVERED AT NAKURU ON 22ND AUGUST 2023. H.M. NYAGAJUDGE