[2024] KEHC 9118 (KLR)
The court found that the applicant, having served over eleven years of a twenty-year sentence for robbery with violence, demonstrated remorse and rehabilitation, as evidenced by a favourable probation report and positive conduct in prison. The Chief Justice's decongestion memo allows for consideration of...
Source-derived case information.
- Citation
- [2024] KEHC 9118 (KLR)
- Parties
- Applicant: Johnson Mwangi Kiama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 65 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review and Early Release
- Outcome
- application for early release allowed; applicant released forthwith unless otherwise lawfully held
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Review, Non Custodial Sentences, Rehabilitation, Early Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Mwangi Kiama
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review and Early Release
Legal Issues
- 1 Whether the applicant qualifies for early release under the Chief Justice's decongestion memo.
- 2 Whether the time already served by the applicant is sufficient punishment for the offence committed.
Ratio Decidendi
The court found that the applicant, having served over eleven years of a twenty-year sentence for robbery with violence, demonstrated remorse and rehabilitation, as evidenced by a favourable probation report and positive conduct in prison. The Chief Justice's decongestion memo allows for consideration of non-custodial sentences for inmates with three years or less remaining or serving short sentences. The court determined that the time already served constituted adequate punishment under the circumstances and that the applicant was eligible for early release to facilitate reintegration into society. Accordingly, the applicant was ordered released forthwith unless otherwise lawfully held,...
Court Disposition
application for early release allowed; applicant released forthwith unless otherwise lawfully held
Orders
- The applicant is released forthwith unless otherwise lawfully held.
- The applicant is directed to report to the area chief for reintegration.
Full Case Text
Judgment text and source record
21 paragraphs
Kiama v Republic (Criminal Revision 65 of 2024) [2024] KEHC 9118 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9118 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 65 of 2024
DR Kavedza, J
July 30, 2024
Between
Johnson Mwangi Kiama
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. The applicant was charged and convicted for the offence of robbery with violence contrary to section 295 as read with 296(2) of the Penal Code, Cap 63 Laws of Kenya. He was sentenced to death. On appeal and resentencing, the sentence was reduced to twenty (20) years imprisonment to run from the date of arrest.
3. The probation report brought to court indicates that the applicant has served eleven (11) years and eight (8) months. The probation report was also favourable. Additionally, the report indicates that the applicant is remorseful, has been rehabilitated and prays that he be granted on a community service order. The report recommended that the applicant be granted a non-custodial sentence to help in his reintegration back into society.
4. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.
5. In view of the foregoing, it is my finding that the applicant is eligible for early release. I therefore find the time served as adequate sentence under the circumstances.
6. The applicant is released forthwith unless otherwise lawfully held. The applicant is directed to report to the area chief for reintegration.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF JULY 2024. .....................................D. KAVEDZAJUDGE