Sylvia Wanjira Kithae v Republic

Kithae v Republic (Criminal Revision 212 of 2024) [2024] KEHC 10932 (KLR) (17 September 2024) (Ruling) Neutral citation: [2024] KEHC 10932 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 212 OF 2024 DR KAVEDZA, J SEPTEMBER 17, 2024 BETWEEN SYLVIA WANJIRA KITHAE .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for noncustodial sentences. 2. I have gone through the file and noted that applicant was convicted by the trial court for the ofience of stealing by servant contrary to section 281 of the Penal Code. She was sentenced to serve four years imprisonment. She filed a revision in Kibera Criminal Revision No. 44 of 2024, where, vide the ruling delivered on 1st March 2024, the sentence of four years was set aside and substituted with a sentence of two years imprisonment. 3. According to the Recommendation Report from Prison dated 7th August 2024, the applicant has 6 months left to complete her sentence. The Report also indicates that the Applicant has been of good behaviour since her admission to prison. 4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation programs while in prison and she remorseful about committing the ofience. 5. The findings in the probation report are in favour of the applicant and I accordingly find that she is eligible for a non-custodial sentence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10932/eng@2024-09-17 1

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