[2024] KEHC 9900 (KLR)
The applicant was convicted of robbery with violence and sentenced to death under section 296(2) of the Penal Code. The Chief Justice's memo on decongestion applies only to inmates serving three years or less, or those with a balance of three years or less, and does not cover capital offences or those sentenced to...
Source-derived case information.
- Citation
- [2024] KEHC 9900 (KLR)
- Parties
- Applicant: Aggrey Mbai Injagi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 146 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application declined
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing, Prison Decongestion, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aggrey Mbai Injagi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Does the applicant qualify for consideration under the Chief Justice's decongestion memo for non-custodial sentences?
- 2 Can the court review the applicant's sentence in the absence of a formal application for sentence review?
Ratio Decidendi
The applicant was convicted of robbery with violence and sentenced to death under section 296(2) of the Penal Code. The Chief Justice's memo on decongestion applies only to inmates serving three years or less, or those with a balance of three years or less, and does not cover capital offences or those sentenced to death. Since the applicant does not meet the eligibility criteria and no application for sentence review has been filed, the court lacks jurisdiction to consider his release under the decongestion program. The application is therefore declined.
Court Disposition
application declined
Orders
- The court declines to consider the release of the applicant under the decongestion exercise.
Full Case Text
Judgment text and source record
21 paragraphs
Injagi v Republic (Criminal Revision 146 of 2024) [2024] KEHC 9900 (KLR) (19 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9900 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 146 of 2024
DR Kavedza, J
July 19, 2024
Between
Aggrey Mbai Injagi
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 charged and convicted for the offence of robbery with violence contrary section 296(2) of the Penal Code. He was sentenced to death.
3. This case does not fall within the criteria given under the above-mentioned Chief Justice’s memo, hence cannot proceed under the decongestion program.
4. This court can only consider the matter if an application for sentence review has been filed.
5. I therefore decline to consider the release of the applicant under the decongestion exercise.
Orders accordingly.
RULING DELIVERED THIS 19TH DAY OF JULY 2024. D. KAVEDZAJUDGE