[2024] KEHC 7240 (KLR)
The court found that while the offence was committed with anger and premeditation, the accused's demonstrated commitment to rehabilitation—evidenced by her acquisition of multiple skills and certificates while in custody—justified a sentence that balanced punishment with reintegration into society. The court...
Source-derived case information.
- Citation
- [2024] KEHC 7240 (KLR)
- Parties
- Applicant: Republic; Defendant: Sarah Hadijah
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2016
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to fourteen years' imprisonment from 28/5/2016, with part of the sentence to be served on probation and community work, subject to compliance with probation directions.
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Principles, Premeditation, Rehabilitation, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sarah Hadijah
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the circumstances of the offence, including anger and premeditation, warrant a custodial or non-custodial sentence.
- 2 Whether the accused's conduct and acquisition of skills while in custody justify a rehabilitative approach to sentencing.
- 3 How the period already served in custody should be factored into the final sentence.
Ratio Decidendi
The court found that while the offence was committed with anger and premeditation, the accused's demonstrated commitment to rehabilitation—evidenced by her acquisition of multiple skills and certificates while in custody—justified a sentence that balanced punishment with reintegration into society. The court therefore imposed a fourteen-year sentence from the date of first remand, with the initial two years from the date of sentence to be served on probation under the County Director of Probation, who is empowered to assign relevant duties to further the convict's skills. The remainder of the sentence is to be served as community work at an institution offering training to youth, also...
Court Disposition
Accused sentenced to fourteen years' imprisonment from 28/5/2016, with part of the sentence to be served on probation and community work, subject to compliance with probation directions.
Orders
- Accused sentenced to fourteen (14) years' imprisonment computed from 28/5/2016.
- Time served pending trial to be taken into account up to 31/5/2024.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Hadijah (Criminal Case 33 of 2016) [2024] KEHC 7240 (KLR) (31 May 2024) (Sentence)
Neutral citation: [2024] KEHC 7240 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 33 of 2016
PJO Otieno, J
May 31, 2024
Between
Republic
Prosecution
and
Sarah Hadijah
Accused
Sentence
1. The circumstances under which the offence occurred demonstrate anger and premeditation by the Accused.
2. However, the court appreciates the industry and vigor to acquire skills demonstrated by Accused while in custody and leading to her earning seventeen (17) Certificates in various areas including theology and agriculture handwork, culinary art, soap making, counselling and personal management.
3. The court deems her properly equipped of skills to be able to integrate back into society with after care guidance to be a responsible Kenya citizen.
4. For that reason, she is sentenced to serve a prison term of fourteen (14) years computed from the 28/5/2016.
5. Of that period, the terms served pending trial is taken into account upto today. The remainder of the terms will be served as follows:-1)1st two years beginning today shall be served on probation under the County Director of Probation. The Director shall be at liberty to help the convict advance her acquired skills by assigning to her relevant assignment.2)The remainder of the period shall be served on community work at an institution or institution offering training to youth on life skills and livelihood means. Such will equally be determined by the County Director of Probation.
6. The convict is reminded that it is an imperative to comply with all directions by the County Director of Probation and that failure to comply with any such directions commute the period of non-custodial sentence into custodial sentence.
7. The Accused has a right to file an appeal within fourteen (14) days from today.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 31ST DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Mageria for the ProsecutionMr. Osango for the AccusedCourt Assistant: Polycap