[2025] KEHC 615 (KLR)
The court found that, although the matter was brought up for revision to decongest the prison, the applicant had expressly indicated his unwillingness to be considered for early release as confirmed by the Probation Officer's report. In the absence of consent or willingness from the applicant, and no other...
Source-derived case information.
- Citation
- [2025] KEHC 615 (KLR)
- Parties
- Applicant: Peter Muturi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E308 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision declined; sentence to continue as imposed
- Judges
- PN Gichohi
- Legal Topics
- Assault, Sentencing, Bodily Harm, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Muturi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the prison decongestion initiative.
- 2 Whether the applicant is willing to be considered for early release.
Ratio Decidendi
The court found that, although the matter was brought up for revision to decongest the prison, the applicant had expressly indicated his unwillingness to be considered for early release as confirmed by the Probation Officer's report. In the absence of consent or willingness from the applicant, and no other compelling reason to interfere with the sentence, the court held that the original sentence should continue as imposed. The court thus declined to revise the sentence.
Court Disposition
application for revision declined; sentence to continue as imposed
Orders
- The applicant's sentence shall continue as originally imposed.
- No revision or early release is granted.
Full Case Text
Judgment text and source record
21 paragraphs
Muturi v Republic (Criminal Revision E308 of 2024) [2025] KEHC 615 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 615 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E308 of 2024
PN Gichohi, J
January 30, 2025
Between
Peter Muturi
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Peter Muturi) was charged in Molo MCCR E511 of 2024 with the offence of Assault causing actual bodily harm contrary to section 251 of the Penal Code.
3. The particulars are that on the 23rd day of February, 2024 at Jogoo Trading Centre, Mau Summit Location in Kuresoi North Sub-County within Nakuru County, assaulted Mariam Waithera Kimani thereby occasioning her actual bodily harm.
4. He pleaded guilty and was sentenced to serve one (1) year imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 16th December, 2024 has now confirmed the Applicant has expressed unwillingness to be considered for early release.
6. In the circumstances his sentence to continue as originally imposed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 30TH DAY OF JANUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Emma Okok for RespondentRuto - Court Assistant