Ateka v Republic [2024] KEHC 12093 (KLR)

Ateka v Republic (Criminal Revision E151 of 2024) [2024] KEHC 12093 (KLR) (7 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12093 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E151 of 2024

DR Kavedza, J

October 7, 2024

Between

Peter Onyanzi Ateka

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Peter Onyanzi Ateka 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 two counts of being in possession of Wildlife Trophy contrary to section 95 of the Wildlife Conservation and Management Act, 2013. In count I, he was sentenced to pay a fine of Kshs. 1,000,000 in default to serve 3 years imprisonment, while in count II, he was sentenced to pay a fine of Kshs. 2,000,000 in default to serve 5 years imprisonment.

3. According to the Recommendation letter from prison dated 15th August 2024 on record, the applicant has been receptive to Rehabilitation programs while in prison and has a balance of 4 months on his sentence.

4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the Report found in his favour.

5. For the forgoing reasons, the applicant is released forthwith unless otherwise lawfully held.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 7TH OCTOBER 2024. ........................................D. KAVEDZAJUDGE