[2025] KEHC 8094 (KLR)
The court found that although the applicant was young and had served about one and a half years of his four-year sentence, the offence involved serious injuries to the complainant. The sentence was previously described as lenient by the appellate court. The period served was not deemed sufficient to justify early...
Source-derived case information.
- Citation
- [2025] KEHC 8094 (KLR)
- Parties
- Applicant: Thabit Ahmed Bakari; Respondent: Office of Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E127 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application for sentence review refused
- Judges
- JN Njagi
- Legal Topics
- Sentence Review, Non Custodial Sentence, Grievous Harm, Rehabilitation, Youth Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Thabit Ahmed Bakari
Applicant
Office of Director of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence to a non-custodial sentence.
- 2 Whether the period already served by the applicant is sufficient to warrant early release.
Ratio Decidendi
The court found that although the applicant was young and had served about one and a half years of his four-year sentence, the offence involved serious injuries to the complainant. The sentence was previously described as lenient by the appellate court. The period served was not deemed sufficient to justify early release or conversion to a non-custodial sentence. The application for sentence review was therefore refused.
Court Disposition
application for sentence review refused
Orders
- The application for review of sentence is refused.
Full Case Text
Judgment text and source record
21 paragraphs
Bakari v Office of Director of Public Prosecution (Criminal Revision E127 of 2024) [2025] KEHC 8094 (KLR) (23 May 2025) (Ruling)
Neutral citation: [2025] KEHC 8094 (KLR)
Republic of Kenya
In the High Court at Garsen
Criminal Revision E127 of 2024
JN Njagi, J
May 23, 2025
Between
Thabit Ahmed Bakari
Applicant
and
Office of Director of Public Prosecution
Respondent
Ruling
1. The Applicant herein was convicted for the offence of occasioning a person grievous harm contrary to Section 234 of the penal code and was sentenced to serve 4 years imprisonment. His appeal to the High Court was dismissed by Justice Githinji on the 20th November 2024. He has now filed a sentence review application vide a Notice of Motion dated 17th December 2024 seeking that the court grants him a non-custodial sentence.
2. The applicant pleaded that he was aged 19 years and a form 3 student at [Particulars Withheld] Secondary School when he was convicted. That the prison facilities lack education facilities and his incarceration is hindering his educational development. That he has served a considerable part of his sentence and he has roughly one year and 7 months remaining. That during his incarceration he has been rehabilitated.
3. The Applicant made reliance on the case of Moses Dola Otieno where Justice Alexander Muteti granted an early release to a former journalist who had been convicted of manslaughter and was released 4 months before the completion of his 10 years prison sentence.
4. The Respondent left the matter at the hands of the court
5. I have considered the application. The applicant was sentenced on 22nd January 2024 but was to serve the sentence from 11/12/2023. He has thereby served about 1 ½ years of the sentence imposed on him. I have noted from the proceedings that the applicant occasioned the complainant serious injuries. In fact Justice Githinji described the sentence as a lenient one. I therefore find that the sentence so far served is not sufficient as to warrant the applicant an early release from prison.
6. Accordingly, the application for review of sentence is refused.
DELIVERED, DATED AND SIGNED AT GARSEN THIS 23RDDAY OF MAY 2025J. N. NJAGIJUDGEIn the presence of:Mr. Oluoch for RespondentApplicant: present in personCourt Assistant: Ndonye