[2024] KEHC 11559 (KLR)
The court found that although the applicant has demonstrated remorse and participated in rehabilitation programs, he has only served three years and six months of a fifteen-year sentence for defilement, with an additional one year and one month spent in custody during trial. The court held that this period is...
Source-derived case information.
- Citation
- [2024] KEHC 11559 (KLR)
- Parties
- Applicant: Brevick Shijedi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 225 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Application for early release declined.
- Judges
- DR Kavedza
- Legal Topics
- Defilement Offence, Sentence Review, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brevick Shijedi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the period already served by the applicant is sufficient to warrant sentence review.
Ratio Decidendi
The court found that although the applicant has demonstrated remorse and participated in rehabilitation programs, he has only served three years and six months of a fifteen-year sentence for defilement, with an additional one year and one month spent in custody during trial. The court held that this period is insufficient for early release under the guidelines for prison decongestion, given the seriousness of the offence and the substantial portion of the sentence remaining. Therefore, the applicant is not eligible for early release at this time.
Court Disposition
Application for early release declined.
Orders
- The applicant is not eligible for early release.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Shijedi v Republic (Criminal Revision 225 of 2024) [2024] KEHC 11559 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11559 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 225 of 2024
DR Kavedza, J
September 30, 2024
Between
Brevick Shijedi
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Brevick Shijedi 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 defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve fifteen (15) years imprisonment.
3. According to the Probation Report and the Recommendation letter from prison filed, the applicant has been has been receptive to Rehabilitation programs while in prison. Additionally, the report indicates that the applicant is remorseful and prays that he be granted an early release.
4. From the record, it is evident that the Applicant has served a total of three (3) years and six (6) months of imprisonment. Furthermore, the Applicant remained in custody for the duration of the trial, which extended for a period of one (1) year and one (1) month. In my considered view, the period already served is insufficient, as the Applicant has a substantial portion of the sentence yet to be completed.
5. In view of the foregoing, it is my finding that the applicant is not eligible for early release.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF SEPTEMBER 2024________________D. KAVEDZAJUDGE