Mwangi v Republic [2024] KEHC 10827 (KLR)

Mwangi v Republic (Criminal Revision 237 of 2024) [2024] KEHC 10827 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10827 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 237 of 2024

DR Kavedza, J

September 17, 2024

Between

Monicah Muthoni Mwangi

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 268(1) as read with 281 of the Penal Code. She was sentenced to serve four years imprisonment.

3. According to the Recommendation Report from Prison dated 7th August 2024, the applicant has 1 year and 2 months left to complete her sentence.

4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison and she is remorseful about committing the offence. Her family is also ready to facilitate her progressive reintegration.

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 shall serve on community service for twelve (12) months at Roysambu Chief’s Camp, under the supervision of the area chief.

7. File closed.Orders accordingly.

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