[2025] KEHC 3746 (KLR)
The court found that the applicant, Paul Mureka, had already completed his sentence by December 2024. Since the purpose of the application was to consider sentence review for prison decongestion, and the applicant was no longer serving the sentence, there was no basis for further review. The court relied on the...
Source-derived case information.
- Citation
- [2025] KEHC 3746 (KLR)
- Parties
- Applicant: Paul Mureka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 345 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as spent; applicant has completed sentence.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mureka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the prison decongestion initiative.
- 2 Whether the applicant has already completed serving his sentence.
Ratio Decidendi
The court found that the applicant, Paul Mureka, had already completed his sentence by December 2024. Since the purpose of the application was to consider sentence review for prison decongestion, and the applicant was no longer serving the sentence, there was no basis for further review. The court relied on the probation report confirming the applicant was not in custody and the sentence had lapsed.
Court Disposition
Application dismissed as spent; applicant has completed sentence.
Orders
- The applicant has completed the sentence. No further orders issued.
Full Case Text
Judgment text and source record
20 paragraphs
Mureka v Republic (Criminal Revision 345 of 2024) [2025] KEHC 3746 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3746 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 345 of 2024
DR Kavedza, J
March 26, 2025
Between
Paul Mureka
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Paul Mureka 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 stealing contrary to Section 268 as read with section 275 of the Penal Code. He was sentenced on 13th June 2024 to pay a Kshs.20,000/- fine in default to serve 6(six) months imprisonment.
3. According to the probation report dated 4th February 2025 on record the Applicant was not traceable in Nairobi West, Jamuhuri, Industrial Area, or Kamiti prisons. I however note that his sentence was to end in December 2024.
4. I therefore find that the Applicant completed the sentence.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025________________D. KAVEDZAJUDGE