Nyamweya v Republic (Criminal Revision 203 of 2024) [2024] KEHC 16197 (KLR) (20 December 2024) (Ruling) Neutral citation: [2024] KEHC 16197 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 203 OF 2024 DR KAVEDZA, J DECEMBER 20, 2024 BETWEEN IDRIS NYAMWEYA ................................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened for purposes of considering whether the convict Idris Nyamweya 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 of the ofience of possession of gang rape contrary to section 10 of the Sexual Offences Act No. 3 of 2006. He was sentenced to fifteen (15) years imprisonment. 3. The applicant has a balance of four (4) years and one (1) month on his sentence. 4. Having gone through the circumstances precluding the applicant’s conviction, it is evident that the ofience is so serious, thus, the applicant is not suitable for early release or a non-custodial sentence. 5. The applicant is to serve his sentence to completion. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 20TH DAY OF DECEMBER 2024 ________________ D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16197/eng@2024-12-20 1
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