[2024] KEHC 6949 (KLR)
The court found that the applicant, having served only 1 year and 1 month of a four-year sentence for escape from lawful custody and concurrently serving a nine-year sentence for a sexual offence, was not eligible for early release or a non-custodial sentence. The probation report was not favourable, and releasing...
Source-derived case information.
- Citation
- [2024] KEHC 6949 (KLR)
- Parties
- Applicant: Derrick Simiyu Wanyonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 114 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Escape From Lawful Custody, Sentencing Revision, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Derrick Simiyu Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant qualifies for early release or non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the existence of another ongoing sentence precludes eligibility for sentence revision.
Ratio Decidendi
The court found that the applicant, having served only 1 year and 1 month of a four-year sentence for escape from lawful custody and concurrently serving a nine-year sentence for a sexual offence, was not eligible for early release or a non-custodial sentence. The probation report was not favourable, and releasing the applicant would be unreasonable given the ongoing custodial sentence. The application for early release was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for early release is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Wanyonyi v Republic (Criminal Revision 114 of 2024) [2024] KEHC 6949 (KLR) (10 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6949 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 114 of 2024
DR Kavedza, J
June 10, 2024
Between
Derrick Simiyu Wanyonyi
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. The appellant was charged and convicted for the offence of escape from lawful custody contrary to section 123 as read with section 36 of the Penal code. He was sentenced to serve four (4) years imprisonment. Being aggrieved, he filed the present application seeking revision of sentence.
3. The probation report availed in court indicates that the applicant has served 1 year and 1 month in prison. Additionally, the applicant is serving another prison sentence pursuant Kibera Magistrate’s Court Sexual Offences case no. E002 of 2023 where he was sentenced to serve 9 years imprisonment. The report was consequently not favourable.
4. In view of the foregoing, it is my finding that the applicant is not eligible for early release as the report is not favourable. It will be unreasonable for the court the release the applicant yet he is serving another sentence. For the foregoing reason the application for early release is dismissed.It is so ordered.
RULING DELIVERED VIRTUALLY THIS DAY 10TH DAY OF JUNE 2024. ..................................D. KAVEDZAJUDGE