[2024] KEHC 523 (KLR)
The court found that the applicant had demonstrated significant rehabilitative progress while in custody, as evidenced by his participation in vocational training and a favourable report from the prison administration. The Sentence Review Report supported the applicant's suitability for probation. Applying Section...
Source-derived case information.
- Citation
- [2024] KEHC 523 (KLR)
- Parties
- Applicant: Salim Kaingu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E148 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Probation in Lieu of Custodial Sentence
- Outcome
- Application allowed. Remainder of sentence to be served under probation supervision.
- Judges
- A. Ong’injo
- Legal Topics
- Defilement Offence, Sentencing Review, Probation Orders, Sexual Offences Act, Rehabilitation in Prison
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Kaingu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Probation in Lieu of Custodial Sentence
Legal Issues
- 1 Whether the applicant should be allowed to serve the remainder of his custodial sentence on probation under Section 4(2) of the Probation of Offenders Act.
- 2 Whether the applicant's rehabilitative progress and mitigating factors justify a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had demonstrated significant rehabilitative progress while in custody, as evidenced by his participation in vocational training and a favourable report from the prison administration. The Sentence Review Report supported the applicant's suitability for probation. Applying Section 4(2) of the Probation of Offenders Act and relevant case law, the court exercised its discretion to allow the applicant to serve the remainder of his sentence under the supervision of a probation officer, finding that the interests of justice and rehabilitation would be served by granting the application.
Court Disposition
Application allowed. Remainder of sentence to be served under probation supervision.
Orders
- The applicant shall serve the remainder of his sentence under the supervision of a probation officer as per the Sentence Review Report.
Full Case Text
Judgment text and source record
20 paragraphs
Kaingu v Republic (Miscellaneous Criminal Application E148 of 2022) [2024] KEHC 523 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 523 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E148 of 2022
A. Ong’injo, J
January 25, 2024
Between
Salim Kaingu
Applicant
and
Republic
Respondent
Ruling
1. The applicant Salim Kaingu was charged in Kaloleni Principal Magistrate’s Court Criminal Case No. 34 of 2018 with the offence of defilement contrary to Section 8(1) as read with section 8(4) of the Sexual Offences Act No. 3 of 2006, The applicant was found guilty and sentenced to serve 15 years imprisonment.
2. The applicant filed an appeal in Mombasa High Court Criminal Appeal No. 36 of 2019 where his sentence was reduced to 10 years and according to the Sentence Review Report, the sentence is to end on 11th June 2025.
3. The applicant in the application herein prays that this court allows him to serve the remainder of the sentence on probation pursuant to Section 4(2) of the Probation of Offenders Act and decisions in the cases of Samson Madzao Mwamunga v Republic, Mombasa High Court Criminal Appeal No. 229 of 2017 and J.N. v Republic (2015) eKLR where similar prayers were merited.
4. The applicant cited his mitigating factors to include rehabilitative programs within prison, that he has undergone a course in tailoring where he has sat for a grade 3 test which course will assist him in earning a living and that there is a favourable progressive report by the prison administration.
5. In consideration of the Sentence Review Report, the remainder of the sentence to be served under supervision of probation officer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, This 25th day of January 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE