Mwaniki & 2 others v Republic [2025] KEHC 3722 (KLR)

Mwaniki & 2 others v Republic (Criminal Revision 314 of 2024) [2025] KEHC 3722 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3722 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 314 of 2024

DR Kavedza, J

March 26, 2025

Between

Harrison Thuku Mwaniki

1st Applicant

Vincent Amlavu

2nd Applicant

Luck Otieno Odhiambo

3rd Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convicts are suitable for consideration of their sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.

2. The applicants were convicted of the offence of trafficking in narcotic drugs contrary to section 4(a)(ii) of the Narcotic Drugs and Psychotrophic Substances (Control) Act No. 4 of 1994. They were each sentenced to two (2) years imprisonment.

3. In my view, the applicants will benefit from rehabilitation in prison. The longer they stay in prison the better for them, so that they learn from their mistakes. I hereby find that the applicants are not eligible for early release under decongestion.

4. The applicants to serve their sentences to completion.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 26THDAY OF MARCH 2025D. KAVEDZAJUDGE