[2024] KEHC 13910 (KLR)
The court found that the applicant, having served one year in custody, demonstrated remorse, was a first offender, and had a positive probation report indicating successful rehabilitation. These factors, combined with the applicant's changed character and perception of life, justified the exercise of judicial...
Source-derived case information.
- Citation
- [2024] KEHC 13910 (KLR)
- Parties
- Applicant: Humphrey Indiazi; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E284 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence revised; custodial sentence set aside and substituted with probation
- Judges
- S Mbungi
- Legal Topics
- Sentencing Review, Probation Orders, False Pretence, Forgery, Uttering False Document, False Information
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Indiazi
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of his remorse, first offender status, and rehabilitation efforts.
- 2 Whether the time already served and positive probation report justify substituting imprisonment with probation.
Ratio Decidendi
The court found that the applicant, having served one year in custody, demonstrated remorse, was a first offender, and had a positive probation report indicating successful rehabilitation. These factors, combined with the applicant's changed character and perception of life, justified the exercise of judicial discretion to set aside the custodial sentence. The court substituted the remaining term of imprisonment with a one-year probation order under supervision, holding that this would serve the interests of justice and rehabilitation more effectively than continued incarceration.
Court Disposition
sentence revised; custodial sentence set aside and substituted with probation
Orders
- The sentence of two and a half years imposed by the lower court in each charge is set aside.
- The accused shall serve a probation term of one year under the supervision of the County Director of Probation and Aftercare Services, Kakamega County.
Full Case Text
Judgment text and source record
21 paragraphs
Indiazi v Director of Public Prosecution (Criminal Revision E284 of 2024) [2024] KEHC 13910 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13910 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E284 of 2024
S Mbungi, J
November 8, 2024
Between
Humphrey Indiazi
Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. The applicant herein, was charged, tried and convicted to serve two and a half years’ imprisonment for the offences of Obtaining under false pretence Contrary to section 313 of the penal code, Forgery contrary to section 345 as read with section 349 of the penal code, uttering a false document contrary to section 353 of the penal code laws of Kenya and giving false information to a person employed in the public service contrary to section 129 of the code laws of Kenya.
2. The applicant’s application for review of sentence in this court is rooted on the grounds that he is remorseful, a first time offender, and has undergone several prison and rehabilitation programs.
3. I have looked at the lower court charge sheet, applicant’s application for review and the sentence review report filed by the Probation Office which is positive.
4. I have noted the sentence imposed by the trial court in Mumias Criminal Case No. E276 of 2022 and the time served in custody by the applicant so far which is one year. He is said to have changed his character and perception of life. This is enough for this court to exercise its discretion in his favor.
5. The sentence of two and a half years imposed by the lower court in each charge is set aside and substituted with an order that the accused to serve a probation term of one (1) year under the supervision of the County Director of probation and Aftercare services, Kakamega County.
6. Let the file be closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 8TH DAY OF NOVEMBER, 2024. S.N MBUNGIJUDGEIn the presence of :Accused – presentCourt Prosecutor – MbonzoCourt Assistant – Elizabeth Ang’onga