Matara alias Momanyi v Republic [2025] KEHC 5984 (KLR)

Matara alias Momanyi v Republic (Criminal Revision 14 of 2025) [2025] KEHC 5984 (KLR) (14 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5984 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 14 of 2025

DR Kavedza, J

May 14, 2025

Between

Christopher Matara alias Momanyi

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Christopher Matara alias Momanyi 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 charged and convicted for the offence of grevious harm contrary to section 234 of the Penal Code. He was sentenced to pay a fine of Kshs. 100,000 in default to serve 12 months imprisonment.

3. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.

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. In my view, the applicant is eligible to a non-custodial sentence.

5. Consequently, the applicant is released on Probation for a period of six months. The applicant is directed to report to Kibera Probation Office.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 14TH DAY OF MAY 2025D. KAVEDZAJUDGE