[2024] KEHC 3655 (KLR)
The court found that the applicant, having served nine years of a fifteen-year sentence and with a remaining balance of six years, is not yet eligible for release under the Chief Justice's memo on prison decongestion. The application for revision is therefore premature, and the file should not be considered for...
Source-derived case information.
- Citation
- [2024] KEHC 3655 (KLR)
- Parties
- Applicant: Valence Nzideye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 91 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed as premature
- Judges
- DR Kavedza
- Legal Topics
- Sentencing, Prison Decongestion, Eligibility for Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Valence Nzideye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for release under the Chief Justice's memo on prison decongestion.
- 2 Whether the application for revision is premature given the sentence served.
Ratio Decidendi
The court found that the applicant, having served nine years of a fifteen-year sentence and with a remaining balance of six years, is not yet eligible for release under the Chief Justice's memo on prison decongestion. The application for revision is therefore premature, and the file should not be considered for decongestion until the applicant has three years or less remaining on his sentence.
Court Disposition
application dismissed as premature
Orders
- The applicant is not eligible for release as per the Chief Justice’s memo dated 7/12/2022.
- The prison is directed not to avail this file for decongestion until the applicant has a balance of three years to serve.
Full Case Text
Judgment text and source record
19 paragraphs
Nzideye v Republic (Criminal Revision 91 of 2024) [2024] KEHC 3655 (KLR) (4 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3655 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 91 of 2024
DR Kavedza, J
April 4, 2024
Between
Valence Nzideye
Applicant
and
Republic
Respondent
Ruling
1. The applicant was sentenced to serve fifteen (15) years imprisonment by Grace Ngenje J on 29/4/2020 upon appeal. The sentence was to run from 6/3/2015.
2. To date, the applicant has served nine (9) years and has a balance of 6 years. The application is thus premature.
3. The applicant is therefore not eligible for release as per the Chief Justice’s memo dated 7/12/2022.
4. The prison is directed not to avail this file for decongestion until when the applicant will have a balance of three (3) years to serve.Orders accordingly.
RULING DELIVERED THIS DAY 4TH DAY OF APRIL 2024. ______________D. KAVEDZAJUDGE