Maroro v Republic [2024] KEHC 10867 (KLR)

Maroro v Republic (Criminal Revision 162 of 2024) [2024] KEHC 10867 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10867 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 162 of 2024

DR Kavedza, J

September 17, 2024

Between

Samuel Ateka Maroro

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 committing an indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten years imprisonment.

3. According to the Prison Conduct Report 15th August 2024, the Applicant has served 6 years, with 9 months remaining, after accounting for a remission period of 3 years and 4 months.

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 and is ready to serve a non-custodial sentence. His family is also willing to facilitate his reintegration.

5. The findings in the probation report are in favour of the Applicant and I accordingly find that he can benefit from a non-custodial sentence.

6. I therefore order that the applicant be placed on Community service for six (6) months at Nyaroba Chief’s Camp, under the supervision of Nyaroba Location Chief.

7. File closed.Orders accordingly.

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