Evans Okwemba v Republic

Okwemba v Republic (Criminal Revision 207 of 2024) [2024] KEHC 10822 (KLR) (17 September 2024) (Ruling) Neutral citation: [2024] KEHC 10822 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 207 OF 2024 DR KAVEDZA, J SEPTEMBER 17, 2024 BETWEEN EVANS OKWEMBA ................................................................................. 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 noncustodial sentences. 2. I have gone through the file and noted that applicant was convicted by the trial court for the ofience of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve life imprisonment. Upon Appeal to the High Court, Mutende (J) substituted the sentence of life imprisonment with a sentence of twenty (20) years imprisonment, which the Applicant is currently serving. 3. A Probation Report was filed with respect to the Applicant, indicating that he has three (3) years left to complete her sentence. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. He has expressed remorse and takes responsibility for his actions. The findings in the probation report are in favour of the applicant and I accordingly find that he can benefit from a non-custodial sentence. 4. I therefore order that the applicant be placed on Community service for twelve (12) months at Kawangware Chief’s Camp, under the supervision of Kawangware Location Chief. 5. File closed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10822/eng@2024-09-17 1

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