Mwaniki & 2 others v Republic (Criminal Revision 314 of 2024) [2025] KEHC 3722 (KLR) (26 March 2025) (Ruling) Neutral citation: [2025] KEHC 3722 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 314 OF 2024 DR KAVEDZA, J MARCH 26, 2025 BETWEEN HARRISON THUKU MWANIKI .................................................... 1ST APPLICANT VINCENT AMLAVU ......................................................................... 2ND APPLICANT LUCK OTIENO ODHIAMBO ......................................................... 3RD APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened for purposes of considering whether the convicts 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 of the ofience of traficking in narcotic drugs contrary to section 4(a) (ii) of the Narcotic Drugs and Psychotrophic Substances (Control) Act No. 4 of 1994. They were each sentenced to two (2) years imprisonment. 3. In my view, the applicants will benefit from rehabilitation in prison. The longer they stay in prison the better for them, so that they learn from their mistakes. I hereby find that the applicants are not eligible for early release under decongestion. 4. The applicants to serve their sentences to completion. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/3722/eng@2025-03-26 1
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