[2025] KEHC 3705 (KLR)
The court found that the applicant, having a remaining sentence of three years and ten months, does not meet the eligibility threshold for early release as stipulated in the Chief Justice Memo, which requires a balance of three years or less. The applicant's sentences were to run consecutively, and the probation...
Source-derived case information.
- Citation
- [2025] KEHC 3705 (KLR)
- Parties
- Applicant: Justin Kilibe Mnangwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 346 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Eligibility
- Outcome
- Application for sentence review and early release dismissed.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justin Kilibe Mnangwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Eligibility
Legal Issues
- 1 Whether the applicant is eligible for sentence review and early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant's remaining sentence qualifies him for consideration for early release.
Ratio Decidendi
The court found that the applicant, having a remaining sentence of three years and ten months, does not meet the eligibility threshold for early release as stipulated in the Chief Justice Memo, which requires a balance of three years or less. The applicant's sentences were to run consecutively, and the probation report confirmed the outstanding term. Therefore, the application for sentence review and early release was denied.
Court Disposition
Application for sentence review and early release dismissed.
Orders
- The applicant is not eligible for early release.
- No orders as to sentence review.
Full Case Text
Judgment text and source record
20 paragraphs
Mnangwa v Republic (Criminal Revision 346 of 2024) [2025] KEHC 3705 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3705 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 346 of 2024
DR Kavedza, J
March 26, 2025
Between
Justin Kilibe Mnangwa
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Justin Kilibe Mnangwa 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 for the offence of Trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. He was sentenced on 2nd September 2021 to a fine of Ksh.36,324/- in default a one-year imprisonment. In addition, he was sentenced to serve 7 years imprisonment. All the sentences were to run consecutively starting from 2nd November 2020.
3. According to the probation report dated 3rd February 2025 on record the Applicant has served four years and three months of his sentence.
4. The Applicant still has three years and ten months left to serve. The applicant does not have a balance of 3 years on his sentence.
5. I therefore find that the Applicant is not eligible for early release.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26THDAY OF MARCH 2025D. KAVEDZAJUDGE