[2024] KEHC 3840 (KLR)
The court found that the applicant, having served about 10 years out of a 20-year sentence for grievous harm, does not meet the criteria for consideration for a non-custodial sentence as set out in the Chief Justice's memo dated 7/12/2022. The applicant has a remaining balance of approximately 9 years and 10 months,...
Source-derived case information.
- Citation
- [2024] KEHC 3840 (KLR)
- Parties
- Applicant: Joseph Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 82 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision or early release denied.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Guidelines, Grievous Harm, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Njoroge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for a non-custodial sentence under the Chief Justice's memo dated 7/12/2022.
- 2 Whether the applicant's period already served qualifies him for early release.
Ratio Decidendi
The court found that the applicant, having served about 10 years out of a 20-year sentence for grievous harm, does not meet the criteria for consideration for a non-custodial sentence as set out in the Chief Justice's memo dated 7/12/2022. The applicant has a remaining balance of approximately 9 years and 10 months, which exceeds the threshold for eligibility. Consequently, the application for revision or early release was denied, and the file was ordered to be returned to the lower court for safe custody.
Court Disposition
Application for revision or early release denied.
Orders
- The file shall be returned to the lower court for safe custody.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Njoroge v Republic (Criminal Revision 82 of 2024) [2024] KEHC 3840 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3840 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 82 of 2024
DR Kavedza, J
April 15, 2024
Between
Joseph Njoroge
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and noted that the applicant is serving 20 years’ imprisonment for the offense of grievous harm, which was imposed by Nzioka J on 18/10/2021, upon appeal to the High Court. The sentence was to run from the date of arraignment, 02/07/2014.
2. In total, the applicant has been in custody for about 10 years, 2 months and 8 days. He therefore has a balance of about 9 years and 10 months.
3. According to the Chief Justice’s memo dated 7/12/2022, inmates who are serving three (3) years or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentence.
4. The applicant herein has only served about half of his 20 years’ sentence, and is therefore not eligible for release as per the aforementioned memo.
5. The file shall be returned to the lower court for safe custody.
6. File closed.
Orders accordingly.
Ruling delivered this day 15th day of April 2024. ________________D. KAVEDZAJUDGE