Injagi v Republic [2024] KEHC 9900 (KLR)

Injagi v Republic (Criminal Revision 146 of 2024) [2024] KEHC 9900 (KLR) (19 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9900 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 146 of 2024

DR Kavedza, J

July 19, 2024

Between

Aggrey Mbai Injagi

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. I have gone through the file and noted that applicant was charged and convicted for the offence of robbery with violence contrary section 296(2) of the Penal Code. He was sentenced to death.

3. This case does not fall within the criteria given under the above-mentioned Chief Justice’s memo, hence cannot proceed under the decongestion program.

4. This court can only consider the matter if an application for sentence review has been filed.

5. I therefore decline to consider the release of the applicant under the decongestion exercise.

Orders accordingly.

RULING DELIVERED THIS 19TH DAY OF JULY 2024. D. KAVEDZAJUDGE