Boniface Kimani Karanja v Republic

Karanja v Republic (Criminal Revision E082 of 2025) [2025] KEHC 11302 (KLR) (31 July 2025) (Ruling) Neutral citation: [2025] KEHC 11302 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E082 OF 2025 DR KAVEDZA, J JULY 31, 2025 BETWEEN BONIFACE KIMANI KARANJA ........................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for the offence of obtaining money by false pretences contrary to section 313 of the Penal Code. He was sentenced to serve two years imprisonment. He was also convicted on 8 counts of issuing a bad cheque contrary to section 316A (1) of the Penal Code. He was sentenced to pay a fine of Kshs.50,000 on each count in default to serve 12 months imprisonment on each count. 2. The applicant’s earlier application for sentence review dated 24th June 2025 was considered and allowed on 28th July 2025. This court considered the period the applicant spend in remand custody and accordingly reduced his custodial sentence by ten months. 3. The applicant has now filed a fresh application dated 29th July 2025 seeking immediate release citing deteriorating health. He avers that he suffers from a heart-related condition and that continued incarceration poses a risk to his life. He further states that he is the sole breadwinner for his family, and his continued detention is causing undue hardship to his dependants. 4. I have considered the application, the affidavit in support, and the attached medical documents. While the applicant claims to have a heart condition, the evidence before the court does not demonstrate that the condition cannot be adequately managed within the prison medical facilities. The applicant has not established any exceptional or compelling grounds that would warrant his early release under the law. 5. Importantly, this court has no jurisdiction to release the applicant on grounds that he is suffering in prison. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11302/eng@2025-07-31 1

page 1 of 2