[2025] KEHC 3730 (KLR)
The court found that the applicant, having been convicted of trafficking in narcotic drugs and sentenced to a substantial fine and imprisonment, had not served a sufficient portion of his sentence to warrant early release under the decongestion program. The seriousness of the offence and the short period served...
Source-derived case information.
- Citation
- [2025] KEHC 3730 (KLR)
- Parties
- Applicant: Karolis Brencius; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 364 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application for sentence review and early release dismissed.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karolis Brencius
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the prison decongestion program pursuant to the Chief Justice Memo dated 7th December 2022.
- 2 Whether the seriousness of the offence and the period served justify early release.
Ratio Decidendi
The court found that the applicant, having been convicted of trafficking in narcotic drugs and sentenced to a substantial fine and imprisonment, had not served a sufficient portion of his sentence to warrant early release under the decongestion program. The seriousness of the offence and the short period served (less than one year out of ten) rendered him ineligible for sentence review or early release. The court emphasized that the decongestion program does not override the gravity of the offence or the need for adequate punishment as prescribed by law.
Court Disposition
Application for sentence review and early release dismissed.
Orders
- The applicant is not eligible for early release under the decongestion program.
- The applicant shall serve the remainder of his sentence to completion.
Full Case Text
Judgment text and source record
20 paragraphs
Brencius v Republic (Criminal Revision 364 of 2024) [2025] KEHC 3730 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3730 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 364 of 2024
DR Kavedza, J
March 26, 2025
Between
Karolis Brencius
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Karolis Brencius is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted of the offence of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994.
3. From the records in the trial court file, the applicant was sentenced to pay a fine of Kshs. 50,220,000, with an alternative sentence of three years' imprisonment, in addition to serving seven years imprisonment. After reviewing the circumstances surrounding the applicant’s conviction, it is clear that the offense committed is very serious. The inmate has not even served one year out of the ten-year sentence imposed.
4. I hereby find that the applicant is not eligible for early release under the decongestion program. The applicant is to serve the remainder of his sentence to completion.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025________________D. KAVEDZAJUDGE