[2025] KEHC 3735 (KLR)
The court found that, although the applicant was eligible for sentence review under the Chief Justice's prison decongestion initiative, the probation report on record determined that he was not suitable for release on a non-custodial sentence. The court relied on the probation officer's assessment and declined to...
Source-derived case information.
- Citation
- [2025] KEHC 3735 (KLR)
- Parties
- Applicant: Kingsley George Ingaho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 334 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review declined. Applicant to serve sentence to completion.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kingsley George Ingaho
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is suitable for sentence review and release on a non-custodial sentence under the prison decongestion initiative.
- 2 Whether the probation report supports the applicant's release.
Ratio Decidendi
The court found that, although the applicant was eligible for sentence review under the Chief Justice's prison decongestion initiative, the probation report on record determined that he was not suitable for release on a non-custodial sentence. The court relied on the probation officer's assessment and declined to interfere with the custodial sentence. The applicant is therefore to serve the sentence to completion.
Court Disposition
Application for sentence review declined. Applicant to serve sentence to completion.
Orders
- The applicant shall serve the sentence to completion.
Full Case Text
Judgment text and source record
19 paragraphs
Ingaho v Republic (Criminal Revision 334 of 2024) [2025] KEHC 3735 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3735 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 334 of 2024
DR Kavedza, J
March 26, 2025
Between
Kingsley George Ingaho
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Kingsley George Ingaho is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted for the offence of stealing contrary to Section 268 as read with section 275 of the Penal Code. He was sentenced on 20th June 2024 to serve two (2) years imprisonment.
3. According to the probation report dated 4th February 2025 on record the Applicant is not suitable for release on a non-custodial sentence and I therefore decline to release him.
4. The applicant to serve the sentence to completion.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025. ....................................D. KAVEDZAJUDGE