[2025] KEHC 16822 (KLR)
The court found that the applicant's medical condition—specifically, the urgent need for chemotherapy for anal carcinoma and his severely emaciated state—constituted exceptional circumstances warranting review of the custodial sentence. The court noted that the applicant had already served a significant period in...
Source-derived case information.
- Citation
- [2025] KEHC 16822 (KLR)
- Parties
- Applicant: Paulo Kimathi Kimweli; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E005 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Sentence reduced to period already served; applicant to be released forthwith unless otherwise lawfully held.
- Judges
- AN Ongeri
- Legal Topics
- Sentence Review, Medical Grounds for Release, Custodial Sentence, Manslaughter, Compassionate Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paulo Kimathi Kimweli
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed on account of his deteriorating medical condition.
- 2 Whether the period already served in custody is sufficient in the circumstances.
Ratio Decidendi
The court found that the applicant's medical condition—specifically, the urgent need for chemotherapy for anal carcinoma and his severely emaciated state—constituted exceptional circumstances warranting review of the custodial sentence. The court noted that the applicant had already served a significant period in custody since August 2021 and that further incarceration would be detrimental to his health and impede access to necessary treatment. The prosecution's lack of opposition further supported the appropriateness of sentence reduction. Accordingly, the court exercised its discretion to reduce the sentence to the period already served, ordering the applicant's immediate release unless...
Court Disposition
Sentence reduced to period already served; applicant to be released forthwith unless otherwise lawfully held.
Orders
- The sentence of ten years imprisonment is reduced to the period already served.
- The applicant shall be released from custody forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
24 paragraphs
Kimweli v Republic (Criminal Revision E005 of 2025) [2025] KEHC 16822 (KLR) (6 February 2025) (Ruling)
Neutral citation: [2025] KEHC 16822 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E005 of 2025
AN Ongeri, J
February 6, 2025
Between
Paulo Kimathi Kimweli
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Paulo Kimathi Kimweliwas sentenced to ten (10) years imprisonment for the offence of manslaughter on 1st December 2023.
2. The Applicant was in custody from 10th August 2021 when he was arrested and charged in court.
3. The Applicant has filed the application dated 17th January 2025 seeking review of the sentence on medical grounds.
4. The doctor who is attending to the Applicant has filed a report dated 8th January 2025 stating that the Applicant is required to start chemotherapy for anal carcinoma.
5. The Applicant who is extremely emaciated has told the court that he is unable to eat and survives only on porridge (his condition is deplorable).
6. He has been in custody since 10th August 2021 when he was arrested.
7. The application for review of his sentence is merited in the circumstances of this case. The same is not opposed by the prosecution.
8. I reduce the sentence of ten years to the period already served to enable the Applicant to undergo chemotherapy.
9. The Applicant to be released from custody forthwith unless lawfully held for any other reason.
DATED, SIGNED AND DELIVERED THIS 6TH FEBRUARY 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Evah KanyuiraCourt Assistant: Maina/TrizahThe Applicant present (crawling to court)