[2025] KEHC 8110 (KLR)
The court found that the applicant, having served only 3 years out of an 8-year sentence for serious wildlife offences involving the killing of 32 dikdiks, had not demonstrated sufficient grounds for early release. The gravity of the offence outweighed the applicant's claims of rehabilitation and family hardship....
Source-derived case information.
- Citation
- [2025] KEHC 8110 (KLR)
- Parties
- Applicant: Simon Bajila Joseph; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Judgment Date
- 3 June 2025
- Case Number
- Criminal Revision E001 of 2025
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- application declined
- Judges
- JN Njagi
- Legal Topics
- Wildlife Offences, Sentencing Review, Consecutive Sentences
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Bajila Joseph
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence on the grounds of rehabilitation and family circumstances.
- 2 Whether the period already served is sufficient to warrant early release given the gravity of the offence.
Ratio Decidendi
The court found that the applicant, having served only 3 years out of an 8-year sentence for serious wildlife offences involving the killing of 32 dikdiks, had not demonstrated sufficient grounds for early release. The gravity of the offence outweighed the applicant's claims of rehabilitation and family hardship. The court emphasized that the period served was not adequate to justify a reduction or alteration of the sentence, particularly in light of the need to deter such offences and uphold the statutory sentencing framework for wildlife crimes.
Court Disposition
application declined
Orders
- The sentence review application is declined.
Full Case Text
Judgment text and source record
20 paragraphs
Simon Bajila Joseph v Republic (Criminal Revision E001 of 2025) [2025] KEHC 8110 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8110 (KLR)
Republic of Kenya
In the High Court at Garsen
Criminal Revision E001 of 2025
JN Njagi, J
June 3, 2025
Between
Simon Bajila Joseph
Applicant
and
Republic
Prosecution
Ruling
1. The applicant was convicted of two counts – dealing in the carcass or meat of wildlife species contrary to section 98(1) as read with section 105(1)(b) of the Wildlife Conservation and Management Act 2013 in which he was sentenced to 3 years imprisonment.
2. Count 2 – killing a wildlife species without a permit or other lawful exception contrary to Section 95(a) of the Wildlife Conversation and Management Act in which he was charged with killing 32 dikdiks weighing 128 kgs. He was sentenced to pay a fine of kshs.5 million in default to serve 5 years imprisonment. Sentence was ordered to run consecutively, meaning has is to serve 8 years imprisonment.
3. The applicant has now filed a sentence review application based on the ground that he has a family and that he is reformed.
4. The applicant was sentenced on 6th April 2022. He has thereby served 3 years of the sentence imposed on him. He has 5 years to go. I do not think that the sentence served is sufficient to warrant this court granting the applicant early release from prison on the grounds of having being rehabilitated especially considering that he killed 32 dikdiks.
5. Consequently, the sentence review application is declined.
DELIVERED, DATED AND SIGNED AT GARSEN THIS 3RD DAY OF JUNE 2025. J. N. NJAGIJUDGEIn the presence of:Mr. Oluoch for RespondentApplicant: present in person at G.K. Prison MalindiCourt Assistant - Ndonye