Langat v Republic [2023] KEHC 22125 (KLR)

Langat v Republic (Revision Case E046 of 2023) [2023] KEHC 22125 (KLR) (22 August 2023) (Ruling)

Neutral citation: [2023] KEHC 22125 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E046 of 2023

HM Nyaga, J

August 22, 2023

Between

Robert Langat

Applicant

and

Republic

Respondent

Ruling

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

2. The Applicant, Robert Langat was convicted for the offence of breaking into a building and committing a felony contrary to section 306 (a) of thePenal Codeand sentenced to pay a fine of Kshs 50,000/= and in default serve 2 years’ imprisonment on March 9, 2023.

3. He has so far served about 7 months in prison.

4. According to the Sentence Review Report filed on August 2, 2023, the Community Service Officer, NO Nancy recommends Community Service at Kaptamoita Primary for the remainder of his sentence.

5. The report further states that the officers at Nakuru Main Prison report that he has been of good conduct. Working in the prison shamba. His wife was also contacted and expressed willingness to help him reintegrate if released.

6. The applicant is remorseful and very apologetic for his actions and is willing and ready for a non-custodial sentence if considered.

7. In light of the above and with the view to decongest the prison, I hereby exercise judicial discretion to review the prison sentence and order that the convict, Robert Langat serve community service at Kaptamoita Primary School for the remainder of the sentence.

8. File closed.

DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant