Wanjiru & another v Republic [2025] KEHC 3697 (KLR)

Wanjiru & another v Republic (Criminal Revision 313 of 2024) [2025] KEHC 3697 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3697 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 313 of 2024

DR Kavedza, J

March 26, 2025

Between

Joseph Kinyanjui Wanjiru

1st Applicant

Elizabeth Wairimu Nyoike

2nd Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convicts Joseph Kinyanjui Wanjiru and Elizabeth Wairimu Nyoike 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 for the offence of Trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. They were each sentenced on 23rd August 2018 to pay a fine of Kshs. 42,000,000/- in default to serve a one-year imprisonment. In addition, they were sentenced to serve twenty (20) years imprisonment. All the sentences were to run consecutively starting from 23rd August 2018.

3. According to the probation reports dated 3rd February 2025 on record the Applicants have served six years and six months of their sentence to serve and do not have a balance of 3 years on their sentences.

4. I therefore find that the Applicants are not eligible for early release.Orders accordingly.

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