Muliungi v Republic [2025] KEHC 465 (KLR)

Muliungi v Republic (Criminal Revision 216 of 2024) [2025] KEHC 465 (KLR) (28 January 2025) (Ruling)

Neutral citation: [2025] KEHC 465 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 216 of 2024

DR Kavedza, J

January 28, 2025

Between

Alex Boniface Muliungi

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Alex Boniface Muliungi Michael Mwaura 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 on 20th June 2006 for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. He was sentenced to death. His sentence was later commuted to life 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 for early release having spent 20 years in prison.

5. I therefore direct that the applicant be released forthwith. He is directed to report at Kibera Sub - County Probation Office for Community Service for a period of three (3) months.

It is so ordered.RULING DATED AND DELIVERED VIRTUALLY THIS 28THDAY OF JANUARY 2025________________D. KAVEDZAJUDGE