[2024] KEHC 15446 (KLR)
The court found that the applicant, having served five out of six months of his sentence for the offence of stealing, was suitable for early release in line with the Chief Justice's directive on prison decongestion. The court determined that the sentence already served was sufficient punishment for the offence, and...
Source-derived case information.
- Citation
- [2024] KEHC 15446 (KLR)
- Parties
- Applicant: Christopher Ondari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 339 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- application for sentence review allowed; applicant to be released forthwith unless otherwise lawfully held.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Ondari
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant is suitable for sentence review in light of the Chief Justice Memo on prison decongestion.
- 2 Whether the sentence already served by the applicant is sufficient for the offence of stealing.
Ratio Decidendi
The court found that the applicant, having served five out of six months of his sentence for the offence of stealing, was suitable for early release in line with the Chief Justice's directive on prison decongestion. The court determined that the sentence already served was sufficient punishment for the offence, and ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
application for sentence review allowed; applicant to be released forthwith unless otherwise lawfully held.
Orders
- The applicant is to be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
Ondari v Republic (Criminal Revision 339 of 2024) [2024] KEHC 15446 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15446 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 339 of 2024
DR Kavedza, J
December 4, 2024
Between
Christopher Ondari
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Christopher Ondari 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 stealing contrary to section 275 of the Penal Code. He was sentenced to six (6) months imprisonment.
3. The applicant has a balance of one (1) month on his sentence.
4. In my view, the sentence served in sufficient. The applicant is to be released forthwith unless otherwise lawfully held.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4THDAY OF DECEMBER 2024D. KAVEDZAJUDGE