High Court 17339 of 2025

The report is based on findings from social inquiry interviews and a general assessment aimed at determining the inmate's suitability for serving the remainder of his sentence under a noncustodial arrangement. Interviews were conducted with the inmate at Eldoret GK Prison, his family members, and the local area administration. Additionally, the lower court file was reviewed. B. Curent Home and Personal Circustances The inmate is the Sixth-born in a family of nine Siblings, born to EE and EK both deceased. The family owns 2 points of land in [Particulars Withheld] Village. There is no previous criminal history in their family. The inmate is not married but blessed with four children. The inmate lives at their ancestral land in [Particulars Withheld] Village Uasin Gishu County. The family comes from a low socio-economic background. She has cordial ties with her family members, during his stay in prison, she has been in touch with her relatives through welfare phone and some has come to visit them. C. Prison Rehabilitation While in custody, the inmate has been actively involved in the prison activities, working as a cleaner and also gained spiritual guidance. This role has played a significant part in instilling discipline, accountability, and a strong sense of personal responsibility. These skills are expected to support his rehabilitation and enhance his chances of leading a productive and honest life if granted a non-custodial sentence. D. Offenders' Attitude and Impact of Imprisonment The inmate takes full responsibility of the offence committed, she is willing to serve noncustodial sentence. E. Conclusion Your Lordship, in light of the inmate's role as a breadwinner to her family, the progress made toward serving her custodial sentence, and her clear expression of remorse, there is a strong indication of her potential for rehabilitation. Furthermore, the presence of a supportive home environment provides a conducive foundation for successful reintegration through community-based correctional measures. F. Recommendation The inmate may be considered to serve Community Service Order (CSO) for the remaining period of 2 Months, to be served at Leinguse Primary School. Decision 4. In determining whether to impose a custodial or non-custodial sentence, the court is required to take into account the following factors: a) Gravity of the offence: - sentence of imprisonment should be avoided for misdemeanour. b) Criminal history of the offender. Taking into account the seriousness of the offences, first offenders should be considered for non-custodial sentence. c) Character of the offender: - non-custodial sentence are best suited for offenders who are already remorseful and receptive to rehabilitative measures. d) Protection of the community: - where the offender is likely to pose a threat to the community. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17339/eng@2025-11-26 2

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e) Offender’s responsibility to third parties: - where there are people depending on the offender. 5. The Community Service Orders Act empowers this Court to order an offender to perform unpaid community service in lieu of imprisonment. This sentencing option is available where the offence carries a maximum term of imprisonment not exceeding three years, or where the Court deems it appropriate that any portion of a longer sentence be served through community-based sanctions. The Act recognizes that certain offenders benefit more from structured rehabilitation within the community than from continued incarceration, particularly where there exists a strong support system and genuine prospects for reformation. 6. Having carefully reviewed the Sentence Review Report and the circumstances of this case, I am satisfied that the Applicant meets the criteria for a community-based sentence. She has already served three months in custody, during which she has demonstrated good conduct, worked as a cleaner, and gained spiritual guidance. The report establishes that she has a stable home environment at her ancestral land in [Particulars Withheld] Village where she lives with her four children. Her role as the breadwinner to her family creates significant responsibilities to third parties who depend on her. Significantly, both the prison authorities and local administration have endorsed her release on noncustodial terms. The Applicant has taken full responsibility for the offence committed and expressed genuine remorse, demonstrating her receptiveness to rehabilitative measures and her potential for successful reintegration into the community. 7. Accordingly, I find that the remaining period of two (2) months is appropriate and shall be served through community service. The Applicant is hereby ordered to perform unpaid community service at Leinguse Primary School under the direct supervision of a designated officer at the said facility. The supervising officer shall, in liaison with the probation department, submit monthly reports to this Court detailing the Applicant's compliance and progress. The Applicant must strictly adhere to all conditions of this order and ensure that she fulfills her parental obligations, particularly with regard to the healthcare needs of her children. Any breach of the conditions of this community service order shall result in immediate cancellation, and the Applicant shall be remanded to serve the remainder of her sentence in custody. 8. It is so ordered. SIGNED, DATE AND DELIVERED AT NOVEMBER THIS 26TH DAY OF NOVEMBER, 2025. ............................. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17339/eng@2025-11-26 3

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