Rehema v Republic [2024] KEHC 10909 (KLR)

Rehema v Republic (Criminal Revision 228 of 2024) [2024] KEHC 10909 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10909 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 228 of 2024

DR Kavedza, J

September 17, 2024

Between

Juliana Rehema

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 and sentenced on two counts. In count 1, she was convicted for the offence of conspiracy to defile contrary to section 157 of the Penal Code, and sentenced to serve 3 years imprisonment. In count 2, she was convicted for gang defilement and sentenced to 7 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. The Report also indicates that the Applicant has been of good behaviour since her admission to prison.

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. The report also indicates that the Applicant believes that her time in prison has positively transformed her life.

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

6. I therefore order that the applicant be placed on community service for twelve (12) months at Mahanga Chief’s camp, under the supervision of Kakamega Probation Station.

7. File closed.Orders accordingly.

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