Kimweli v Republic [2025] KEHC 16822 (KLR)

Kimweli v Republic (Criminal Revision E005 of 2025) [2025] KEHC 16822 (KLR) (6 February 2025) (Ruling)

Neutral citation: [2025] KEHC 16822 (KLR)

Republic of Kenya

In the High Court at Voi

Criminal Revision E005 of 2025

AN Ongeri, J

February 6, 2025

Between

Paulo Kimathi Kimweli

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Paulo Kimathi Kimweliwas sentenced to ten (10) years imprisonment for the offence of manslaughter on 1st December 2023.

2. The Applicant was in custody from 10th August 2021 when he was arrested and charged in court.

3. The Applicant has filed the application dated 17th January 2025 seeking review of the sentence on medical grounds.

4. The doctor who is attending to the Applicant has filed a report dated 8th January 2025 stating that the Applicant is required to start chemotherapy for anal carcinoma.

5. The Applicant who is extremely emaciated has told the court that he is unable to eat and survives only on porridge (his condition is deplorable).

6. He has been in custody since 10th August 2021 when he was arrested.

7. The application for review of his sentence is merited in the circumstances of this case. The same is not opposed by the prosecution.

8. I reduce the sentence of ten years to the period already served to enable the Applicant to undergo chemotherapy.

9. The Applicant to be released from custody forthwith unless lawfully held for any other reason.

DATED, SIGNED AND DELIVERED THIS 6TH FEBRUARY 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Evah KanyuiraCourt Assistant: Maina/TrizahThe Applicant present (crawling to court)