[2025] KEHC 3697 (KLR)
The court found that the applicants, having served six years and six months of their sentences, did not meet the eligibility criteria for early release as set out in the Chief Justice Memo on prison decongestion. The probation reports confirmed the period served and the remaining balance of the sentence....
Source-derived case information.
- Citation
- [2025] KEHC 3697 (KLR)
- Parties
- Applicant: Joseph Kinyanjui Wanjiru; Applicant: Elizabeth Wairimu Nyoike; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 313 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review and early release dismissed.
- Judges
- DR Kavedza
- Legal Topics
- Narcotic Drugs Trafficking, Sentencing, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kinyanjui Wanjiru
Applicant
Elizabeth Wairimu Nyoike
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicants are eligible for sentence review and early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the period already served by the applicants qualifies them for early release.
Ratio Decidendi
The court found that the applicants, having served six years and six months of their sentences, did not meet the eligibility criteria for early release as set out in the Chief Justice Memo on prison decongestion. The probation reports confirmed the period served and the remaining balance of the sentence. Consequently, the court ruled that the applicants are not eligible for early release at this time.
Court Disposition
Application for sentence review and early release dismissed.
Orders
- The applicants are not eligible for early release.
- No orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Wanjiru & another v Republic (Criminal Revision 313 of 2024) [2025] KEHC 3697 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3697 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 313 of 2024
DR Kavedza, J
March 26, 2025
Between
Joseph Kinyanjui Wanjiru
1st Applicant
Elizabeth Wairimu Nyoike
2nd Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convicts Joseph Kinyanjui Wanjiru and Elizabeth Wairimu Nyoike 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 Trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. They were each sentenced on 23rd August 2018 to pay a fine of Kshs. 42,000,000/- in default to serve a one-year imprisonment. In addition, they were sentenced to serve twenty (20) years imprisonment. All the sentences were to run consecutively starting from 23rd August 2018.
3. According to the probation reports dated 3rd February 2025 on record the Applicants have served six years and six months of their sentence to serve and do not have a balance of 3 years on their sentences.
4. I therefore find that the Applicants are not eligible for early release.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH MARCH 2025. ....................................D. KAVEDZAJUDGE