[2024] KEHC 15443 (KLR)
The court found that the applicant, Joseph Kariuki, had already been released pursuant to Criminal Revision No.180 of 2024 by a ruling dated 12th November 2024. Therefore, there was no further basis for sentence review or intervention in the present application. The matter was thus concluded without further orders...
Source-derived case information.
- Citation
- [2024] KEHC 15443 (KLR)
- Parties
- Applicant: Joseph Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 292 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application spent; no further orders issued as applicant already released.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Traffic Offences, Prison Decongestion
- 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
Joseph Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for sentence review in light of the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant's conviction and sentence on three traffic-related offences warrant further revision.
Ratio Decidendi
The court found that the applicant, Joseph Kariuki, had already been released pursuant to Criminal Revision No.180 of 2024 by a ruling dated 12th November 2024. Therefore, there was no further basis for sentence review or intervention in the present application. The matter was thus concluded without further orders affecting the applicant's status.
Court Disposition
Application spent; no further orders issued as applicant already released.
Full Case Text
Judgment text and source record
19 paragraphs
Kariuki v Republic (Criminal Revision 292 of 2024) [2024] KEHC 15443 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15443 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 292 of 2024
DR Kavedza, J
December 4, 2024
Between
Joseph Kariuki
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Joseph Kariuki 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 on three counts of offences. Count I was riding a motor cycle without a valid driving licence contrary to section 103B (5) as read with section 103B (7) of the Traffic Act Cap 403 Laws of Kenya, count II was driving an uninsured motor cycle contrary to section 103B (3) read with section 103B (7) of the Traffic Act, and count III was failing to wear a helmet and reflective jacket contrary to section 103B (1) as read with section 103B (7) of the Traffic Act
3. He was fined a sum of Kshs. 5,000 for count I and count II, and in default a three (3) months sentence each, and for count III he was fined a sum of Kshs. 2,000 and in default one (1) month in prison.
4. From the record, the applicant has already been released in Criminal Revision No.180 of 2024 vide a ruling dated 12th November 2024.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DAY OF DECEMBER 2024. .........................D. KAVEDZAJUDGE