[2025] KEHC 465 (KLR)
The court found that the applicant, having spent 20 years in prison for the offence of robbery with violence, had demonstrated positive conduct and rehabilitation through participation in trainings and counselling. The applicant's family support and the favourable report further justified his eligibility for early...
Source-derived case information.
- Citation
- [2025] KEHC 465 (KLR)
- Parties
- Applicant: Alex Boniface Muliungi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 216 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review and early release allowed.
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Review, Prison Decongestion, Rehabilitation, Early Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Boniface Muliungi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
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 conduct and rehabilitation in prison justify early release.
Ratio Decidendi
The court found that the applicant, having spent 20 years in prison for the offence of robbery with violence, had demonstrated positive conduct and rehabilitation through participation in trainings and counselling. The applicant's family support and the favourable report further justified his eligibility for early release. Applying the Chief Justice Memo on prison decongestion, the court exercised its discretion to order the applicant's immediate release, subject to a period of community service supervision.
Court Disposition
Application for sentence review and early release allowed.
Orders
- The applicant is to be released forthwith.
- The applicant shall report at Kibera Sub-County Probation Office for Community Service for a period of three (3) months.
Full Case Text
Judgment text and source record
20 paragraphs
Muliungi v Republic (Criminal Revision 216 of 2024) [2025] KEHC 465 (KLR) (28 January 2025) (Ruling)
Neutral citation: [2025] KEHC 465 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 216 of 2024
DR Kavedza, J
January 28, 2025
Between
Alex Boniface Muliungi
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Alex Boniface Muliungi Michael Mwaura 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 20th June 2006 for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. He was sentenced to death. His sentence was later commuted to life imprisonment.
3. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the report found in his favour. In my view, the applicant is eligible for early release having spent 20 years in prison.
5. I therefore direct that the applicant be released forthwith. He is directed to report at Kibera Sub - County Probation Office for Community Service for a period of three (3) months.
It is so ordered.RULING DATED AND DELIVERED VIRTUALLY THIS 28THDAY OF JANUARY 2025________________D. KAVEDZAJUDGE