Hesbon Khayizi Alizulula v Republic

Alizulula v Republic (Miscellaneous Criminal Application E092 of 2025) [2025] KEHC 11104 (KLR) (28 July 2025) (Ruling) Neutral citation: [2025] KEHC 11104 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E092 OF 2025 DR KAVEDZA, J JULY 28, 2025 BETWEEN HESBON KHAYIZI ALIZULULA .......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an application for sentence review from the sentence delivered on 30th November 2015 at Kibera Chief Magistrate’s Court Sexual Offence Case No. 66 of 2013 Republic v Boniface Kimani Karanja) RULING 1. The applicant was charged and after a full trial convicted for the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve 20 years imprisonment. His appeal to the High Court, criminal appeal number 20 of 2016 was heard and on 21st June 2018 his sentence was reduced to 15 years’ imprisonment with effect from 30th November 2015. 2. Aggrieved, the applicant filed the present undated application seeking a review of sentence. He contends that, he has been in prison for 11 years and 8 months. He has a balance of 4 months of his sentence to serve considering remission. He has been rehabilitated. He urges the Court to allow the application. 3. The Court called for a probation report, which was favourable. It noted that the applicant has served 12 years and has a balance of four (4) months of his prison sentence considering remission. 4. In view of the favourable report, I am satisfied that he is a suitable candidate for early release. 5. Accordingly, the applicant shall be placed under supervised reintegration by the Probation Officer, Kibera, for a period of four (4) months. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11104/eng@2025-07-28 1

page 1 of 2