Samuel Macharia Kabugi v Republic

Kabugi v Republic (Criminal Revision 193 of 2024) [2024] KEHC 10946 (KLR) (17 September 2024) (Ruling) Neutral citation: [2024] KEHC 10946 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 193 OF 2024 DR KAVEDZA, J SEPTEMBER 17, 2024 BETWEEN SAMUEL MACHARIA KABUGI ........................................................... 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 incest contrary to section 20(1) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten (10) years imprisonment. 3. A Probation Report was filed with respect to the Applicant, indicating that he is left with 5 months to complete his sentence. 4. 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. 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. 6. I therefore order that the applicant be placed on Community Service for six (6) months at Kiboko Chief’s Camp, under the supervision of the Oficer-in-Charge, Ngong Probation Station. 7. File closed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10946/eng@2024-09-17 1

page 1 of 2