Republic v Hadijah [2024] KEHC 7240 (KLR)

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