Murithi v Republic [2024] KEHC 15719 (KLR)

Murithi v Republic (Criminal Revision 199 of 2024) [2024] KEHC 15719 (KLR) (13 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15719 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 199 of 2024

DR Kavedza, J

December 13, 2024

Between

Erick Maina Murithi

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Erick Maina Murithi 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 for the offence of defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve six years imprisonment.

3. According to the Probation Report and Recommendation letter from prison on record, the applicant has been receptive to Rehabilitation programs while in prison.

4. From the record, the applicant has served 3 years imprisonment and is remaining with less than 3 years pursuant to remission. However, due to the nature and seriousness of the offence, the applicant is not eligible for early release.

5. Consequently, the application is dismissed.

RULING DATED AND DELIVERED VIRTUALLY THIS 13THDAY OF DECEMBER 2024D. KAVEDZAJUDGE