[2025] KEHC 3748 (KLR)
The court found that the applicants had already completed their sentences for the offenses of assault causing bodily harm, having served the full term of imprisonment as ordered. Since they were no longer under incarceration, the question of sentence review was rendered moot. The court therefore found no basis for...
Source-derived case information.
- Citation
- [2025] KEHC 3748 (KLR)
- Parties
- Applicant: Richard Makaria; Applicant: Brian Oduor Otieno; Applicant: Robert Swatch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 331 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; no further orders issued.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Assault Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Makaria
Applicant
Brian Oduor Otieno
Applicant
Robert Swatch
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicants are eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether any further orders are necessary given the applicants have completed their sentences.
Ratio Decidendi
The court found that the applicants had already completed their sentences for the offenses of assault causing bodily harm, having served the full term of imprisonment as ordered. Since they were no longer under incarceration, the question of sentence review was rendered moot. The court therefore found no basis for further orders or intervention under the Chief Justice Memo on prison decongestion.
Court Disposition
Application dismissed as moot; no further orders issued.
Orders
- No further orders are made as the applicants have completed their sentences.
Full Case Text
Judgment text and source record
22 paragraphs
Makaria & 2 others v Republic (Criminal Revision 331 of 2024) [2025] KEHC 3748 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3748 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 331 of 2024
DR Kavedza, J
March 26, 2025
Between
Richard Makaria
1st Applicant
Brian Oduor Otieno
2nd Applicant
Robert Swatch
3rd Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convicts Richard Makaria, Brian Oduor Otieno and Robert Swatch are suitable for consideration of their sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicants were convicted of three counts of assault causing bodily harm, contrary to Section 251 of the Penal Code. For each count, they were sentenced to serve one year in prison, with the sentences ordered to run concurrently. The sentences were to commence from the date of their arrest, which was on 10th May 2022.
3. As a result, the applicants have now completed their sentences, having served the full term of imprisonment. They are no longer under incarceration for the offenses they were convicted of.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025________________D. KAVEDZAJUDGE