[2024] KEHC 15359 (KLR)
The court found that the applicant, Stephen Orina Maroko, had already been released pursuant to a prior criminal revision (No.181 of 2024) as per the ruling dated 12th November 2024. In light of this, and considering the administrative policy on prison decongestion, there was no further action required in the...
Source-derived case information.
- Citation
- [2024] KEHC 15359 (KLR)
- Parties
- Applicant: Stephen Orina Maroko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 295 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application spent; applicant already released in prior revision; file closed.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Traffic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Orina Maroko
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 warrant further intervention by the court.
Ratio Decidendi
The court found that the applicant, Stephen Orina Maroko, had already been released pursuant to a prior criminal revision (No.181 of 2024) as per the ruling dated 12th November 2024. In light of this, and considering the administrative policy on prison decongestion, there was no further action required in the present file. The court therefore ordered the matter closed, as the applicant had already benefited from sentence review and release.
Court Disposition
Application spent; applicant already released in prior revision; file closed.
Orders
- The applicant having already been released in Criminal Revision No.181 of 2024, no further orders are issued.
Full Case Text
Judgment text and source record
18 paragraphs
Maroko v Republic (Criminal Revision 295 of 2024) [2024] KEHC 15359 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15359 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 295 of 2024
DR Kavedza, J
December 4, 2024
Between
Stephen Orina Maroko
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Stephen Orina Maroko 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 29th July 2024 for the offence of driving a public service motor vehicle while under influence of alcohol contrary to section 45(1) of the Traffic Act and driving without a PSV licence contrary to Section 98(1) as read with 107 of the Traffic Act. He was sentenced to pay fine of ksh.10,000/- for count 1 and ksh.5,000/- for count 2; in default to serve 3 months in prison for each count.
3. From the record, the applicant has already been released in Criminal Revision No.181 of 2024 vide a ruling dated 12th November 2024. Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DAY OF DECEMBER 2024. ...........................D. KAVEDZAJUDGE