John Thuita Njari v Republic

Njari v Republic (Criminal Revision 52 of 2026) [2026] KEHC 4703 (KLR) (9 April 2026) (Ruling) Neutral citation: [2026] KEHC 4703 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 52 OF 2026 DR KAVEDZA, J APRIL 9, 2026 BETWEEN JOHN THUITA NJARI ........................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened for purposes of considering whether the convict John Thuita Njari 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 charged with and convicted of the ofience of robbery with violence contrary to section 296(2) of the Penal Code. Upon conviction, he was sentenced to death. That sentence was subsequently commuted to life imprisonment and was later reviewed to a determinate custodial sentence of thirty (30) years. 3. From the record, the ofience for which he was convicted is of a grave and violent nature, warranting continued incarceration in accordance with the sentence imposed. It is evident that the ofience committed was serious and attended by aggravating circumstances which justified the sentence meted out by the trial court. 4. Having considered the nature and gravity of the ofience, this Court finds that the applicant does not qualify for consideration under the prison decongestion or early release programme. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH APRIL 2026 ____________ D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4703/eng@2026-04-09 1

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