Murithi v Republic (Criminal Revision 199 of 2024) [2024] KEHC 15719 (KLR) (13 December 2024) (Ruling) Neutral citation: [2024] KEHC 15719 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 199 OF 2024 DR KAVEDZA, J DECEMBER 13, 2024 BETWEEN ERICK MAINA MURITHI ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened for purposes of considering whether the convict Erick Maina Murithi 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 for the ofience of defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve six years imprisonment. 3. According to the Probation Report and Recommendation letter from prison on record, the applicant has been receptive to Rehabilitation programs while in prison. 4. From the record, the applicant has served 3 years imprisonment and is remaining with less than 3 years pursuant to remission. However, due to the nature and seriousness of the ofience, the applicant is not eligible for early release. 5. Consequently, the application is dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF DECEMBER 2024 ______________ D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/15719/eng@2024-12-13 1
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