[2024] KEHC 15719 (KLR)
The court found that, despite the applicant's positive rehabilitation record and the time already served, the nature and seriousness of the offence of defilement rendered him ineligible for early release under the Chief Justice Memo on prison decongestion. The court emphasized that the guidelines specifically...
Source-derived case information.
- Citation
- [2024] KEHC 15719 (KLR)
- Parties
- Applicant: Erick Maina Murithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 199 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Defilement Offence, Sentence Review, Prison Decongestion, Sexual Offences Act, Early Release Eligibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Maina Murithi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is suitable for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the nature and seriousness of the offence preclude early release.
Ratio Decidendi
The court found that, despite the applicant's positive rehabilitation record and the time already served, the nature and seriousness of the offence of defilement rendered him ineligible for early release under the Chief Justice Memo on prison decongestion. The court emphasized that the guidelines specifically exclude certain offences, including defilement, from consideration for early release regardless of the convict's conduct or time served. Accordingly, the application for sentence review was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Murithi v Republic (Criminal Revision 199 of 2024) [2024] KEHC 15719 (KLR) (13 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15719 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 199 of 2024
DR Kavedza, J
December 13, 2024
Between
Erick Maina Murithi
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Erick Maina Murithi 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 defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve six years imprisonment.
3. According to the Probation Report and Recommendation letter from prison on record, the applicant has been receptive to Rehabilitation programs while in prison.
4. From the record, the applicant has served 3 years imprisonment and is remaining with less than 3 years pursuant to remission. However, due to the nature and seriousness of the offence, the applicant is not eligible for early release.
5. Consequently, the application is dismissed.
RULING DATED AND DELIVERED VIRTUALLY THIS 13THDAY OF DECEMBER 2024D. KAVEDZAJUDGE