[2024] KEHC 4379 (KLR)
The court found that the applicant had already served a significant period in custody—eight years—before the application for sentence review. Considering the time served and the circumstances, the court determined that it was not expedient to continue holding the applicant in custody. The court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 4379 (KLR)
- Parties
- Applicant: Said Ali Said; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E108 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Order
- Outcome
- Application for sentence review allowed. Applicant placed on probation for three years.
- Judges
- A. Ong’injo
- Legal Topics
- Sentence Review, Probation Orders, Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Said Ali Said
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Order
Legal Issues
- 1 Whether the continued incarceration of the applicant is expedient in the circumstances of the case.
- 2 Whether the applicant should be placed on probation after serving a substantial portion of the sentence.
Ratio Decidendi
The court found that the applicant had already served a significant period in custody—eight years—before the application for sentence review. Considering the time served and the circumstances, the court determined that it was not expedient to continue holding the applicant in custody. The court exercised its discretion to place the applicant on probation for three years, subject to a report by the probation officer upon completion of the probation period to confirm successful compliance. This decision was guided by the principles of proportionality in sentencing and the suitability of probation as an alternative to further incarceration.
Court Disposition
Application for sentence review allowed. Applicant placed on probation for three years.
Orders
- The applicant is placed on probation for a period of three years.
- Upon completion of the probation period, a report shall be filed in court by the probation officer to confirm successful completion.
Full Case Text
Judgment text and source record
17 paragraphs
Said v Republic (Miscellaneous Criminal Application E108 of 2023) [2024] KEHC 4379 (KLR) (15 March 2024) (Order)
Neutral citation: [2024] KEHC 4379 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E108 of 2023
A. Ong’injo, J
March 15, 2024
Between
Said Ali Said
Applicant
and
Republic
Respondent
Order
Etropia – Court Asst.Prosecutor – Mr. NgiriApplicant – No appearance 1. Having considered application for Sentence Review & Report thereto and having considered that the Applicant has been in custody since 7/09/2015 upto 18/06/2018 when released on cashbail pending appeal and subsequently on 14/11/2018 cashbail was forfeited and applicant has been in custody todate upto 30/10/2023 he had served 8 years.
2. This court finds that it is not expedient to continue having him in custody. He is placed on Probation for a period of 3 years on condition that upon completion of the Probation period a Report will be filed in Court by Probation Officer to confirm successful completion.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 15TH DAY OF MARCH 2024HON. LADY JUSTICE A. ONG’INJOJUDGE