[2025] KEHC 3732 (KLR)
The court found that the applicant, Michael Mwaura Waweru, had already served the entirety of his six-month sentence for conveying suspected stolen property and had been released from prison prior to the hearing of the revision application. In light of this, and pursuant to the Chief Justice Memo on prison...
Source-derived case information.
- Citation
- [2025] KEHC 3732 (KLR)
- Parties
- Applicant: Michael Mwaura Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 352 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; applicant has already served sentence.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Conveying Suspected Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Mwaura Waweru
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.
Ratio Decidendi
The court found that the applicant, Michael Mwaura Waweru, had already served the entirety of his six-month sentence for conveying suspected stolen property and had been released from prison prior to the hearing of the revision application. In light of this, and pursuant to the Chief Justice Memo on prison decongestion, the court held that there was no basis for sentence review as the sentence had already been fully served. The application was therefore rendered moot.
Court Disposition
Application dismissed as moot; applicant has already served sentence.
Orders
- The applicant having completed the sentence, no further orders are issued.
Full Case Text
Judgment text and source record
20 paragraphs
Waweru v Republic (Criminal Revision 352 of 2024) [2025] KEHC 3732 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3732 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 352 of 2024
DR Kavedza, J
March 26, 2025
Between
Michael Mwaura Waweru
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Michael Mwaura Waweru 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 Conveying suspected stolen property contrary to Section 323 as read with Section 36 of the Penal Code. He was sentenced on 20th August 2024 to 6(six) 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 20th December 2024.
4. I therefore find that the Applicant completed the sentence.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025________________D. KAVEDZAJUDGE