[2013] KEHC 3431 (KLR)
The court found that the applicant failed to provide any credible evidence, such as a recommendation or certificate from prison authorities, to substantiate her claim of reformation. The sentences imposed in the three unrelated criminal cases were not harsh or excessive, and there was no basis for consolidation of...
Source-derived case information.
- Citation
- [2013] KEHC 3431 (KLR)
- Parties
- Applicant: Eva Njeri Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 92 of 2012
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- GO Shikwe
- Legal Topics
- Sentencing, Forgery, False Documents, Obtaining by False Pretences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eva Njeri Kariuki
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant should be released forthwith on account of alleged reformation while in prison.
- 2 Whether the sentences imposed were harsh or excessive.
- 3 Whether the three criminal files could be consolidated.
Ratio Decidendi
The court found that the applicant failed to provide any credible evidence, such as a recommendation or certificate from prison authorities, to substantiate her claim of reformation. The sentences imposed in the three unrelated criminal cases were not harsh or excessive, and there was no basis for consolidation of the files. Consequently, the application for release was found to lack merit and was disallowed.
Court Disposition
application dismissed
Orders
- The application for release is disallowed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Miscellaneous Criminal Application 92 of 2012 [if gte mso 9]><xml>
800x600
</xml><![endif]
EVA NJERI KARIUKI …………………..……………....…. APPLICANT
- Versus -
REPUBLIC ……………………………………………..… RESPONDENT
RULING
The Appellant was convicted and sentenced to 21/2 years in Criminal Case No. 2922 of 2009. She was also convicted and sentenced to six months imprisonment in Criminal Case No. 2923 of 2009 MSA. On 19th July 2011 she was convicted and sentenced to 21/2 years in Criminal Case No. 2940 of 2009 MSA.
In the three files she was convicted on several Counts and sentences ordered to run concurrently on each file the prayer is that she be released forthwith owing to the fact that she has reformed. Apart from her word of mouth, there is nothing in the form of a recommendation or a Certificate from the Prison authorities to show that she has reformed and she has acquired various skills while in Prison. A perusal of the files shows that the convictions were on similar offences related to making false documents, forgery, obtaining money by false pretences.
The sentences of 21/2years and six months imprisonment are not harsh or excessive. The three files are also unrelated and cannot be consolidated.
In find her application lacking in merit and it’s disallowed.
Ruling read and delivered in open Court this 22nd day of May, 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Jami for State
Applicant in person
Court clerk – Mr. Musundi