Muya v Republic [2024] KEHC 11568 (KLR)

Muya v Republic (Criminal Revision E035 of 2024) [2024] KEHC 11568 (KLR) (2 October 2024) (Ruling)

Neutral citation: [2024] KEHC 11568 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E035 of 2024

DR Kavedza, J

October 2, 2024

Between

Peter Mutua Muya

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to serve ten years imprisonment.

2. He has filed an application for sentence revision and an affidavit in support of the application. He averred that he has undergone rehabilitation since his incarceration. He has a balance of 17 months on his sentence having already served six years in his sentence. He prayed for early release to aid his reintegration into society.

3. This court called for probation report which was favourable. The report indicates that the applicant is remorseful for the offence committed. 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. I therefore find the time served as adequate sentence under the circumstances.

5. The applicant is released forthwith, and is directed to report to Kibera Probation Office for purposes of reintegration back into society.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 2ND DAY OF OCTOBER 2024_______________D. KAVEDZAJUDGE