Manzi v Republic [2024] KEHC 10882 (KLR)

Manzi v Republic (Criminal Revision E031 of 2024) [2024] KEHC 10882 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10882 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E031 of 2024

DR Kavedza, J

September 17, 2024

Between

Elias Kiptum Manzi

Applicant

and

Republic

Respondent

Ruling

1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.

2. I have gone through the file and noted that applicant was convicted by the trial court on 12 counts of the offence of forgery contrary to section 345 as read with section 349 of the Penal Code, and 1 count for the offence of conspiracy to cause injury contrary to section 395(b) of the Penal Code. He was sentenced to one and half years imprisonment on each of the counts of forgery, and one year imprisonment on the count of conspiracy.

3. According to the Recommendation Letter from prison dated 9th August 2024, the Applicant has been of good behaviour since his admission to prison and has been receptive of rehabilitation programs.

4. A Probation Report was also filed with respect to the Applicant, indicating that the Applicant is left to serve 8 months before release.

5. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. He is remorseful and deeply regrets his actions. His family and the local administrations are also ready to facilitate his progressive reintegration upon release.

6. While the Probation Report indicates that the Applicant has demonstrated good behaviour, I must consider the nature of the offenses and the sentence already imposed.

7. The Applicant was convicted on 12 counts of forgery and 1 count of conspiracy to cause injury, offenses that involve a serious breach of trust and could cause significant harm to individuals and institutions.

8. The sentences imposed by the trial court—one and a half years for each count of forgery and one year for conspiracy—were lenient given the gravity of the offenses.

9. Moreover, these sentences were ordered to run concurrently, further reducing the overall term of imprisonment.

10. Given the leniency of the original sentence, the time the Applicant has already served is insufficient to warrant an early release. The custodial sentence remains appropriate in ensuring accountability and deterrence.

11. As such, I decline to release the Applicant under the decongestion exercise. He shall continue to serve the remainder of his sentence in custody.

12. File shall be returned to the lower court for safe custody.Orders accordingly.

RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE