[2025] KEHC 3698 (KLR)
The court found that the applicant, having already served the full sentence of 12 months imprisonment for possession of narcotic drugs and having been released from prison, was no longer eligible for sentence review. The application was therefore rendered moot, and no further orders were necessary. The court relied...
Source-derived case information.
- Citation
- [2025] KEHC 3698 (KLR)
- Parties
- Applicant: Samuel Macharia Wanjiku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 351 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; applicant has already served sentence.
- Judges
- DR Kavedza
- Legal Topics
- Narcotic Drugs Possession, Sentence Review, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Macharia Wanjiku
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant has already served the full sentence imposed for possession of narcotic drugs.
Ratio Decidendi
The court found that the applicant, having already served the full sentence of 12 months imprisonment for possession of narcotic drugs and having been released from prison, was no longer eligible for sentence review. The application was therefore rendered moot, and no further orders were necessary. The court relied on the probation report and the fact of the applicant's release to reach this conclusion.
Court Disposition
Application dismissed as moot; applicant has already served sentence.
Orders
- The applicant having completed the sentence imposed, no further orders are issued.
Full Case Text
Judgment text and source record
19 paragraphs
Wanjiku v Republic (Criminal Revision 351 of 2024) [2025] KEHC 3698 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3698 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 351 of 2024
DR Kavedza, J
March 26, 2025
Between
Samuel Macharia Wanjiku
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Samuel Macharia Wanjiku 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 being in possession of narcotic drugs contrary to section 3 (1) as read with 3(2)(a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. He was sentenced on 24th June 2024 to 12(twelve) months imprisonment.
3. According to the probation report dated 4th February 2025 on record the Applicant has already served the full sentence at Jamuhuri Prison and was released on 29th September 2024.
4. I therefore find that the Applicant completed the sentence imposed.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025. D. KAVEDZAJUDGE