Shirumba v Republic [2025] KEHC 3710 (KLR)

Shirumba v Republic (Criminal Revision 172 of 2024) [2025] KEHC 3710 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3710 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 172 of 2024

DR Kavedza, J

March 26, 2025

Between

Benson Amhome Shirumba

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Benson Amhome Shirumba 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 of the offense of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to twenty years imprisonment. The sentence was computed less by one (1) year six (6) months and twenty-six (26) days, the time spent in pre-trial custody.

3. Having gone through the circumstances leading to the applicant’s conviction, it is evident that the offence is so serious, causing life-long impact on the minor’s reproductive health. The applicant has not even served half of his sentence.

4. From the foregoing, I hereby find that the applicant is not eligible for early release.Orders accordingly.

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