Nzesya v Republic [2024] KEHC 11557 (KLR)

Nzesya v Republic (Criminal Revision 145 of 2024) [2024] KEHC 11557 (KLR) (30 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11557 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 145 of 2024

DR Kavedza, J

September 30, 2024

Between

Stephen Kikumi Nzesya

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Stephen Kikumi Nzesya 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 conveying suspected stolen property contrary to section 323 of the Penal Code. He pleaded guilty and was sentenced to serve two (2) years imprisonment.

3. According to the Probation Report filed in court indicates that the applicant has been receptive to Rehabilitation programs while in prison. Additionally, the report indicates that the applicant is remorseful and prays that he be granted an early release. Furthermore, he has nine months left in his sentence.

4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the Probation Report found in his favour.

5. The applicant shall be placed on community service under the supervision of Embakasi Chief Office for a period of nine (9) months.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF SEPTEMBER 2024D. KAVEDZAJUDGE