Mwanzala v Republic [2024] KEHC 15704 (KLR)

Mwanzala v Republic (Criminal Revision 200 of 2024) [2024] KEHC 15704 (KLR) (13 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15704 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 200 of 2024

DR Kavedza, J

December 13, 2024

Between

Haji Mwanzala

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Haji Mwanzala is 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 applicant was convicted on 15th October 2019 for the offence of defilement contrary to section 8 (1) as read with 8(4) of the Sexual Offences Act No.3 of 2006. He was sentenced to ten (10) years imprisonment.

3. Applicant has only served five years one month of his sentence of ten (10) years imprisonment.

4. In my view I find no good cause or reason to revise the sentence imposed.

5. The offence committed is serious, therefore the appellant is not eligible for early release.

6. The application dismissed for lacking in merit.

Orders accordingly.

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