The Applicant, Mercy Chemtai, was charged with the offence of causing grievous harm contrary to section 234 of the Penal Code. The particulars of the offence were that on 8th February 2023 at about 7.00 a.m. at Kapsoit Location, Belgut Sub-County within Kericho County, she unlawfully caused grievous harm to Rihana Chelangat. Upon conclusion of the trial, the Applicant was found guilty and, on 30th September 2024, was sentenced to serve three (3) years' imprisonment. She has remained in custody since the date of her 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 her sentence, the Applicant has actively participated in rehabilitation programmes and has demonstrated genuine remorse for the offence committed. According to the Probation Officer, she has made notable progress towards rehabilitation, appreciates the consequences of her actions, and has expressed a willingness to lead a law-abiding life upon her release.
The report further reveals that the Applicant has a stable family support system that is ready and willing to facilitate her reintegration into the community. It also notes that she is the mother of young children whose welfare has been adversely affected by her incarceration. While the existence of young children is not, by itself, a sufficient ground for reviewing a lawful sentence, it is a relevant consideration when weighed together with the Applicant's demonstrated rehabilitation, remorse, and the favourable assessment by the Probation Officer.
I am alive to the fact that the Applicant was convicted of the serious offence of causing grievous harm contrary to section 234 of the Penal Code. The custodial sentence imposed by the trial court was lawful and appropriate in the circumstances of the case. 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.
Having considered the period already served by the Applicant, the favourable probation report, her demonstrated remorse and rehabilitation, the availability of a supportive family environment, and the Probation Officer's assessment that she 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.
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 she is otherwise lawfully held.
4. Upon her release, the Applicant shall remain under the supervision of the Probation and Aftercare Service for the remainder of her 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 her sentence, the Applicant has actively participated in rehabilitation programmes and has demonstrated genuine remorse for the offence committed. According to the Probation Officer, she has made notable progress towards rehabilitation, appreciates the consequences of her actions, and has expressed a willingness to lead a law-abiding life upon her release.
The report further reveals that the Applicant has a stable family support system that is ready and willing to facilitate her reintegration into the community. It also notes that she is the mother of young children whose welfare has been adversely affected by her incarceration. While the existence of young children is not, by itself, a sufficient ground for reviewing a lawful sentence, it is a relevant consideration when weighed together with the Applicant's demonstrated rehabilitation, remorse, and the favourable assessment by the Probation Officer.
I am alive to the fact that the Applicant was convicted of the serious offence of causing grievous harm contrary to section 234 of the Penal Code. The custodial sentence imposed by the trial court was lawful and appropriate in the circumstances of the case. 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.
Having considered the period already served by the Applicant, the favourable probation report, her demonstrated remorse and rehabilitation, the availability of a supportive family environment, and the Probation Officer's assessment that she 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.
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 she is otherwise lawfully held.
4. Upon her release, the Applicant shall remain under the supervision of the Probation and Aftercare Service for the remainder of her 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.