Simiyu v Republic [2025] KEHC 5983 (KLR)

Simiyu v Republic (Criminal Revision 12 of 2025) [2025] KEHC 5983 (KLR) (14 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5983 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 12 of 2025

DR Kavedza, J

May 14, 2025

Between

Jackline Kadesa Simiyu

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Jackline Kadesa Simiyu 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 charged and convicted for the offence of grevious harm contrary to section 234 of the Penal Code. She was sentenced to pay a fine of Kshs. 100,000 in default to serve 12 months imprisonment.

3. As for her conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in her rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.

4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the report found in his favour. In my view, the applicant is eligible to a non-custodial sentence.

5. Consequently, the applicant is released on Community Service at Kangemi Chief’s Office for a period of four (4) months.Orders accordingly.

Ruling dated and delivered virtually this 14th day of May 2025. ....................................D. KAVEDZAJUDGE