Njoroge v Republic [2024] KEHC 3840 (KLR)

Njoroge v Republic (Criminal Revision 82 of 2024) [2024] KEHC 3840 (KLR) (15 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3840 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 82 of 2024

DR Kavedza, J

April 15, 2024

Between

Joseph Njoroge

Applicant

and

Republic

Respondent

Ruling

1. I have gone through the file and noted that the applicant is serving 20 years’ imprisonment for the offense of grievous harm, which was imposed by Nzioka J on 18/10/2021, upon appeal to the High Court. The sentence was to run from the date of arraignment, 02/07/2014.

2. In total, the applicant has been in custody for about 10 years, 2 months and 8 days. He therefore has a balance of about 9 years and 10 months.

3. According to the Chief Justice’s memo dated 7/12/2022, inmates who are serving three (3) years or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentence.

4. The applicant herein has only served about half of his 20 years’ sentence, and is therefore not eligible for release as per the aforementioned memo.

5. The file shall be returned to the lower court for safe custody.

6. File closed.

Orders accordingly.

Ruling delivered this day 15th day of April 2024. ________________D. KAVEDZAJUDGE