David Aligula Katieso v Republic

Katieso v Republic (Criminal Revision 227 of 2024) [2024] KEHC 10825 (KLR) (17 September 2024) (Ruling) Neutral citation: [2024] KEHC 10825 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 227 OF 2024 DR KAVEDZA, J SEPTEMBER 17, 2024 BETWEEN DAVID ALIGULA KATIESO .................................................................. 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 committing and indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten years imprisonment. 3. According to the Prison Conduct Report dated 15th August 2024, the applicant has served four years and ten months of his sentence, with one year and seven months remaining, after accounting for a remission period of three years and twenty days. 4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. His family and community are also ready to facilitate his progressive reintegration upon release. 5. Despite the positive findings in the probation reports, the nature of the ofience committed by the applicant is serious. Sexual ofiences are a sensitive matter that the sentence imposed should serve the ends of justice. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10825/eng@2024-09-17 1

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