1. The Applicant, Kennedy Kipkirui Ngetich, was in Count I charged with the offence of assault contrary to section 251 of the Penal Code. The particulars of the offence were that on 5th June 2022 at Kipsiara Village in Bureti Sub County within Kericho County assaulted Alphine Kipkirui. In Count II was charged with malicious damage to property contrary to Section 339 of the Penal Code. Particulars are that on the 5th day of June 2022 at Kapkisiara Village in Bureti unlawfully damaged a motorcycle registration Nuo. KMFU 793X make Haujur red in colour valued at 136,000/=. Upon conclusion of the trial, the Applicant was found guilty on both counts and, on 9th September 2024, was sentenced to serve four (4) years imprisonment for Count I and three (3) years' imprisonment for Count II which sentences were to run concurrently. He has remained in custody since the date of his sentence.
The Court has considered the Applicant's request for review of sentence together with the Sentence Review Report prepared by the Probation and Aftercare Service.
The report indicates that while serving his sentence, the Applicant is emotionally stable and ready to join the community as a reformed person. His family members are ready to receive him back and support him to join a skill training institute. The inmate confesses to have learnt positive virtues while serving his sentence.
2. I am alive to the fact that the Applicant was convicted of the serious offence of assault and malicious damage. The custodial sentence imposed by the trial court was lawful and appropriate in the circumstances of the case.
3. However, sentencing serves multiple objectives, including punishment, deterrence, rehabilitation, protection of the public and restorative justice. Where subsequent developments demonstrate that an offender has substantially benefited from rehabilitation and is suitable for supervised reintegration into society, the Court is entitled to consider whether the remaining custodial term continues to serve those objectives.
4. Having considered the period already served by the Applicant, the favourable probation report, his demonstrated remorse and rehabilitation, the availability of a supportive family environment, and the Probation Officer's assessment that he is suitable for a non-custodial sentence, I am satisfied that the interests of justice will be adequately served by converting the unexpired portion of the custodial sentence into a supervised probation order.
Accordingly, I find merit in the application.
5. Orders
1. The application for review of sentence is hereby allowed.
2. The unexpired portion of the Applicant's sentence of imprisonment is hereby substituted with a probation order for the remainder of the sentence.
3. The Applicant shall be released forthwith unless he is otherwise lawfully held.
4. Upon his release, the Applicant shall remain under the supervision of the Probation and Aftercare Service for the remainder of his sentence and shall comply with all lawful directions issued by the supervising Probation Officer.
5. The supervising Probation Officer shall monitor the Applicant's compliance with the probation order and shall file a report before this Court upon the expiry of the probation period or earlier in the event of any breach of the probation order.
It is so ordered.
The Court has considered the Applicant's request for review of sentence together with the Sentence Review Report prepared by the Probation and Aftercare Service.
The report indicates that while serving his sentence, the Applicant is emotionally stable and ready to join the community as a reformed person. His family members are ready to receive him back and support him to join a skill training institute. The inmate confesses to have learnt positive virtues while serving his sentence.
2. I am alive to the fact that the Applicant was convicted of the serious offence of assault and malicious damage. The custodial sentence imposed by the trial court was lawful and appropriate in the circumstances of the case.
3. However, sentencing serves multiple objectives, including punishment, deterrence, rehabilitation, protection of the public and restorative justice. Where subsequent developments demonstrate that an offender has substantially benefited from rehabilitation and is suitable for supervised reintegration into society, the Court is entitled to consider whether the remaining custodial term continues to serve those objectives.
4. Having considered the period already served by the Applicant, the favourable probation report, his demonstrated remorse and rehabilitation, the availability of a supportive family environment, and the Probation Officer's assessment that he is suitable for a non-custodial sentence, I am satisfied that the interests of justice will be adequately served by converting the unexpired portion of the custodial sentence into a supervised probation order.
Accordingly, I find merit in the application.
5. Orders
1. The application for review of sentence is hereby allowed.
2. The unexpired portion of the Applicant's sentence of imprisonment is hereby substituted with a probation order for the remainder of the sentence.
3. The Applicant shall be released forthwith unless he is otherwise lawfully held.
4. Upon his release, the Applicant shall remain under the supervision of the Probation and Aftercare Service for the remainder of his sentence and shall comply with all lawful directions issued by the supervising Probation Officer.
5. The supervising Probation Officer shall monitor the Applicant's compliance with the probation order and shall file a report before this Court upon the expiry of the probation period or earlier in the event of any breach of the probation order.
It is so ordered.