[2024] KEHC 15706 (KLR)
The court found that the applicant's sentence was both legal and proper, having been imposed after consideration of a pre-sentencing report. The court further held that the applicant was not suitable for early release under the prison decongestion initiative, and directed that he serve the remainder of his sentence.
Source-derived case information.
- Citation
- [2024] KEHC 15706 (KLR)
- Parties
- Applicant: Bernard Wambua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 231 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review dismissed. Applicant to serve remainder of sentence.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Defilement Offence, Sexual Offences Act, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Wambua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is suitable for early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the sentence imposed was legal and proper.
Ratio Decidendi
The court found that the applicant's sentence was both legal and proper, having been imposed after consideration of a pre-sentencing report. The court further held that the applicant was not suitable for early release under the prison decongestion initiative, and directed that he serve the remainder of his sentence.
Court Disposition
Application for sentence review dismissed. Applicant to serve remainder of sentence.
Orders
- The applicant is directed to serve the remainder of his sentence.
Full Case Text
Judgment text and source record
21 paragraphs
Wambua v Republic (Criminal Revision 231 of 2024) [2024] KEHC 15706 (KLR) (13 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15706 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 231 of 2024
DR Kavedza, J
December 13, 2024
Between
Bernard Wambua
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Bernard Wambua 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 section 8(3) of the Sexual Offenses Act No. 3 of 2006. He was sentenced to six (6) years imprisonment.
3. The applicant has served three (3) years ten (10) months on his sentence.
4. Having considered the application in its totality, I note that before sentencing, the trial court called for and considered the pre-sentencing report. The sentence imposed was also legal and proper in the circumstances.
5. In my view that the applicant is not suitable for early release. The applicant is directed to serve the remainder of his sentence.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF DECEMBER 2024________________D. KAVEDZAJUDGE