[2024] KEHC 11571 (KLR)
The court found that the applicant had demonstrated genuine remorse and had undergone significant rehabilitation, as evidenced by the favourable probation report and participation in trainings and counselling. The time already served was deemed adequate punishment under the circumstances. The court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 11571 (KLR)
- Parties
- Applicant: Daniel Muli; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 24 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant released forthwith
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Revision, Rehabilitation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Muli
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence based on rehabilitation and time served.
- 2 Whether the applicant's conduct and probation report justify early release.
Ratio Decidendi
The court found that the applicant had demonstrated genuine remorse and had undergone significant rehabilitation, as evidenced by the favourable probation report and participation in trainings and counselling. The time already served was deemed adequate punishment under the circumstances. The court exercised its discretion to revise the sentence and ordered the applicant's immediate release, subject to reporting to the probation office for reintegration.
Court Disposition
application allowed; applicant released forthwith
Orders
- The applicant is released forthwith.
- The applicant shall report to Kibera Probation Office for purposes of reintegration back into society.
Full Case Text
Judgment text and source record
20 paragraphs
Muli v Republic (Criminal Revision 24 of 2024) [2024] KEHC 11571 (KLR) (2 October 2024) (Ruling)
Neutral citation: [2024] KEHC 11571 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 24 of 2024
DR Kavedza, J
October 2, 2024
Between
Daniel Muli
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death which sentence was later substituted to thirty (30) years.
2. He has filed an application for sentence revision and an affidavit in support of the application. He averred that he has undergone rehabilitation since his incarceration. He prayed for early release to aid his reintegration into society.
3. This court called for probation report which was favourable. The report indicates that the applicant is remorseful for the offence committed. As for her conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process.
4. In view of the foregoing, I find the time served as adequate sentence under the circumstances. The applicant is released forthwith, and is directed to report to Kibera Probation Office for purposes of reintegration back into society.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 2NDDAY OF OCTOBER 2024D. KAVEDZAJUDGE