Langat v Republic [2023] KEHC 22134 (KLR)

Langat v Republic (Revision Case E156 of 2023) [2023] KEHC 22134 (KLR) (22 August 2023) (Ruling)

Neutral citation: [2023] KEHC 22134 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E156 of 2023

HM Nyaga, J

August 22, 2023

Between

Leonard Kiprono 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, Leonard Kiprono Langat was convicted for the offence of house breaking contrary to section 304 as read with 279(b) of thePenal Code and sentenced to serve 1-year imprisonment on March 1, 2023.

3. He has so far served about 6 months in prison.

4. According to the Sentence Review Report filed on August 2, 2023, the Probation Officer, Samuel Ndung’u recommends Community Service at Kirobon Chief’s Office for six months.

5. The report further states that the convict, upon release from prison, plans to go back and live with his cousin who will provide food, shelter and clothing for him till he becomes stable and finds a job.

6. The report states that the convict’s cousin who is the complainant herein after consulting other family members has decided to reconcile with the applicant and give him a chance to mend his ways.

7. The applicants admits committing the offence and he is remorseful.

8. 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 Kirobon Chief’s office office for six months. He shall be closely supervised by the Chief, Olgigei location who shall ensure the convict religiously performs any assigned community service to his satisfaction and weekly reports made to the Probation Officer, Nakuru who shall monitor the behaviour of the convict for the remainder of the sentence.

9. The applicant is, as required, made aware that in the event of a breach, the CSO order shall be revoked and he shall be returned to prison to serve the entire prison term imposed and not served.

10. File closed.

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