[2025] KEHC 3708 (KLR)
The court found that the applicants, having already served the entirety of their ten-year sentences for robbery with violence and having been released from prison, were not eligible for sentence review. The purpose of the application was rendered moot by the completion of the sentence, and no further orders for...
Source-derived case information.
- Citation
- [2025] KEHC 3708 (KLR)
- Parties
- Applicant: Alex Wamagu Waititu; Applicant: Anthony Mwaura Muroki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 328 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as spent; applicants have completed their sentences.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Robbery With Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Wamagu Waititu
Applicant
Anthony Mwaura Muroki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicants are eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicants have already served their full sentence.
Ratio Decidendi
The court found that the applicants, having already served the entirety of their ten-year sentences for robbery with violence and having been released from prison, were not eligible for sentence review. The purpose of the application was rendered moot by the completion of the sentence, and no further orders for sentence review were necessary. The court accordingly found that the matter required no further action.
Court Disposition
Application dismissed as spent; applicants have completed their sentences.
Orders
- The applicants having completed their sentences, no further orders are issued.
Full Case Text
Judgment text and source record
21 paragraphs
Waititu & another v Republic (Criminal Revision 328 of 2024) [2025] KEHC 3708 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3708 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 328 of 2024
DR Kavedza, J
March 26, 2025
Between
Alex Wamagu Waititu
1st Applicant
Anthony Mwaura Muroki
2nd Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convicts Anthony Mwaura Muroki and Alex Wamagu Waititu are suitable for consideration of their sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicants were convicted for the offence of Robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. They were each sentenced on 13th September 2011 to serve ten (10) years imprisonment.
3. According to the probation report dated 4th February 2025 on record the Applicants have already served the full sentence at Kiambu Prison and were released on 27th August 2024.
4. I therefore find that the Applicants completed the sentence.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY MARCH 2025. D. KAVEDZAJUDGE