Haiga v Republic [2024] KEHC 10612 (KLR) | Sentencing Review | Esheria

Haiga v Republic [2024] KEHC 10612 (KLR)

Full Case Text

Haiga v Republic (Criminal Revision E047 of 2024) [2024] KEHC 10612 (KLR) (10 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10612 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E047 of 2024

RE Aburili, J

September 10, 2024

Between

Michael Odanga Haiga

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Case No. E100 of 2021)

Ruling

1. On 28th March 2024, the Probation Officer filed a sentence review report on the convict Michael Odanga Haiga, recommending that since he did not have strong family ties, non-custodial sentence was not favourable compared to prison rehabilitation.

2. The convict was sentenced to serve five (5) years imprisonment for the offence of preparation to commit a felony vide Winam SPM Criminal Case No. E100 of 2021. He is due for release on 14th February 2026.

3. As prison rehabilitation is the most preferred since the convict was armed with dangerous weapons in preparation to commit a felony. I decline to interfere with the lawful sentence imposed.

4. Convict to be rehabilitated in prison.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 10THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE