[2025] KEHC 3722 (KLR)
The court found that the applicants, having been convicted of trafficking in narcotic drugs and sentenced to two years imprisonment, were not suitable candidates for early release under the prison decongestion initiative. The judge reasoned that the applicants would benefit from rehabilitation in prison and that a...
Source-derived case information.
- Citation
- [2025] KEHC 3722 (KLR)
- Parties
- Applicant: Harrison Thuku Mwaniki; Applicant: Vincent Amlavu; Applicant: Luck Otieno Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 314 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review and early release dismissed.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harrison Thuku Mwaniki
Applicant
Vincent Amlavu
Applicant
Luck Otieno Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicants are eligible for early release under the prison decongestion initiative.
- 2 Whether the sentence imposed on the applicants should be reviewed in light of the Chief Justice Memo dated 7th December 2022.
Ratio Decidendi
The court found that the applicants, having been convicted of trafficking in narcotic drugs and sentenced to two years imprisonment, were not suitable candidates for early release under the prison decongestion initiative. The judge reasoned that the applicants would benefit from rehabilitation in prison and that a longer custodial sentence would serve the purpose of deterrence and correction. Consequently, the court declined to review or reduce the sentence, ordering that the applicants serve their sentences to completion.
Court Disposition
Application for sentence review and early release dismissed.
Orders
- Applicants to serve their sentences to completion.
Full Case Text
Judgment text and source record
23 paragraphs
Mwaniki & 2 others v Republic (Criminal Revision 314 of 2024) [2025] KEHC 3722 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3722 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 314 of 2024
DR Kavedza, J
March 26, 2025
Between
Harrison Thuku Mwaniki
1st Applicant
Vincent Amlavu
2nd Applicant
Luck Otieno Odhiambo
3rd Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convicts are suitable for consideration of their sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicants were convicted of the offence of trafficking in narcotic drugs contrary to section 4(a)(ii) of the Narcotic Drugs and Psychotrophic Substances (Control) Act No. 4 of 1994. They were each sentenced to two (2) years imprisonment.
3. In my view, the applicants will benefit from rehabilitation in prison. The longer they stay in prison the better for them, so that they learn from their mistakes. I hereby find that the applicants are not eligible for early release under decongestion.
4. The applicants to serve their sentences to completion.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26THDAY OF MARCH 2025D. KAVEDZAJUDGE