Vosereze & another v Republic [2025] KEHC 3736 (KLR)

Vosereze & another v Republic (Criminal Revision 325 of 2024) [2025] KEHC 3736 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3736 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 325 of 2024

DR Kavedza, J

March 26, 2025

Between

Nelson Vosereze

1st Applicant

Abdi James Mutua

2nd Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convicts Nelson Vosereze and Abdi James Mutua are 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 applicants were convicted on three counts: Count I – robbery with violence under Section 296(2) of the Penal Code, Count II – abduction under Section 259 of the Penal Code, and Count III – gang defilement under Section 10 of the Sexual Offences Act No. 3 of 2006. They were each sentenced as follows: seven (7) years’ imprisonment for Count I, six (6) years for Count II, and fifteen (15) years for Count III. The sentences were to run concurrently from the date of arrest.

3. After reviewing the circumstances of their conviction, it is clear that the offences committed were of a grave nature. In my view, the sentences imposed were overly lenient.

4. Accordingly, the applicants are not eligible for early release under the decongestion programme. They shall serve their full sentences to completion.

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