[2024] KEHC 11569 (KLR)
The court found that although the applicant demonstrated good behaviour, remorse, and participation in rehabilitation programs, he had only served two years of his ten-year sentence for defilement. The criteria for early release under the Chief Justice Memo on prison decongestion require that a substantial portion...
Source-derived case information.
- Citation
- [2024] KEHC 11569 (KLR)
- Parties
- Applicant: Onsesmus Musyoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 211 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application for early release dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Defilement Offence, Prison Decongestion, Early Release Criteria
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onsesmus Musyoki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
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 meets the criteria for early release having served only two years of a ten-year sentence.
Ratio Decidendi
The court found that although the applicant demonstrated good behaviour, remorse, and participation in rehabilitation programs, he had only served two years of his ten-year sentence for defilement. The criteria for early release under the Chief Justice Memo on prison decongestion require that a substantial portion of the sentence be served. As the applicant did not meet this threshold, the application for early release was dismissed.
Court Disposition
application for early release dismissed
Orders
- The application for early release is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Musyoki v Republic (Criminal Revision 211 of 2024) [2024] KEHC 11569 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11569 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 211 of 2024
DR Kavedza, J
September 30, 2024
Between
Onsesmus Musyoki
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Onesmus Musyoki 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 ten (10) years imprisonment.
3. According to the Recommendation Report from prison dated 8th August 2024, the Applicant has been of good behaviour since his admission to prison. The Probation Report filed in court indicates that the applicant has been receptive to Rehabilitation programs while in prison. Additionally, the report indicates that the applicant is remorseful.
4. The probation report availed in court indicates that the applicant has only served 2 years of the ten-year sentence. Consequently, he does not meet the criteria for early release.
5. For the foregoing reason the application for early release is dismissed.It is so ordered.
RULING DELIVERED VIRTUALLY THIS DAY 30THDAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE