1. The Applicant, Nicholas Kibet Kirui, was charged with the offence of stealing contrary to Section 268(1) of the Penal Code. The particulars of the offence were that on 28th October 2024 in Kericho East Sub-County within Kericho County, stole one hundred and six (106) different types of phones, forty six (46) different types of phone batteries, eighty (80) pieces of charger cables and ten (10) pieces of chargers all valued at 279,800/- the property of Rose Waithera Kamau. Upon conclusion of the trial, the Applicant was found guilty and, on 25th March 2025, was sentenced to serve four (4) years' imprisonment. He has remained in custody since the date of his sentence.
2. 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.
3. The report indicates that while serving his sentence, the Applicant has actively participated in rehabilitation programmes such as carpentry work where he has acquired practical trade skills and has demonstrated genuine remorse for the offence committed and has demonstrated commitment to reform by utilizing his prison time productively. According to the Probation Officer, he has made notable progress towards rehabilitation, appreciates the consequences of his actions, and imprisonment has had a significant impact on him emotionally, socially and economically. He has learned the importance of lawful living and responsible behaviour.
4. The report further reveals that upon release the Applicant intends to start a carpentry workshop in Kericho town and plans to utilize the carpentry skills acquired responsibly. He believed this initiative will engage in productively to generate income support his family, and sustain himself through lawful means. The Applicant has demonstrated rehabilitation, remorse, and the favourable assessment by the Probation Officer.
5. I am alive to the fact that the Applicant was convicted of the offence of stealing contrary to section 268(1) 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.
6. Having considered the period already served by the Applicant, the favourable probation report, his demonstrated remorse and rehabilitation 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.
7. Accordingly, I find merit in the application.
Orders
a. The application for review of sentence is hereby allowed.
b. The unexpired portion of the Applicant's sentence of imprisonment is hereby substituted with a probation order for the remainder of the sentence.
c. The Applicant shall be released forthwith unless he is otherwise lawfully held.
d. 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.
e. 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.
2. 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.
3. The report indicates that while serving his sentence, the Applicant has actively participated in rehabilitation programmes such as carpentry work where he has acquired practical trade skills and has demonstrated genuine remorse for the offence committed and has demonstrated commitment to reform by utilizing his prison time productively. According to the Probation Officer, he has made notable progress towards rehabilitation, appreciates the consequences of his actions, and imprisonment has had a significant impact on him emotionally, socially and economically. He has learned the importance of lawful living and responsible behaviour.
4. The report further reveals that upon release the Applicant intends to start a carpentry workshop in Kericho town and plans to utilize the carpentry skills acquired responsibly. He believed this initiative will engage in productively to generate income support his family, and sustain himself through lawful means. The Applicant has demonstrated rehabilitation, remorse, and the favourable assessment by the Probation Officer.
5. I am alive to the fact that the Applicant was convicted of the offence of stealing contrary to section 268(1) 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.
6. Having considered the period already served by the Applicant, the favourable probation report, his demonstrated remorse and rehabilitation 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.
7. Accordingly, I find merit in the application.
Orders
a. The application for review of sentence is hereby allowed.
b. The unexpired portion of the Applicant's sentence of imprisonment is hereby substituted with a probation order for the remainder of the sentence.
c. The Applicant shall be released forthwith unless he is otherwise lawfully held.
d. 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.
e. 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.