Brencius v Republic [2025] KEHC 3730 (KLR)

Brencius v Republic (Criminal Revision 364 of 2024) [2025] KEHC 3730 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3730 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 364 of 2024

DR Kavedza, J

March 26, 2025

Between

Karolis Brencius

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Karolis Brencius 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 of the offence of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994.

3. From the records in the trial court file, the applicant was sentenced to pay a fine of Kshs. 50,220,000, with an alternative sentence of three years' imprisonment, in addition to serving seven years imprisonment. After reviewing the circumstances surrounding the applicant’s conviction, it is clear that the offense committed is very serious. The inmate has not even served one year out of the ten-year sentence imposed.

4. I hereby find that the applicant is not eligible for early release under the decongestion program. The applicant is to serve the remainder of his sentence to completion.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025________________D. KAVEDZAJUDGE