Mwai v Republic (Criminal Revision 65 of 2026) [2026] KEHC 9212 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9212 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 65 OF 2026 DR KAVEDZA, J JUNE 30, 2026 BETWEEN KELVIN KANGETHE MWAI ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened to determine whether the convict, Kelvin Kangethe Mwai, qualifies for sentence review under the prison decongestion initiative pursuant to the Chief Justice's Memo dated 7th December 2022. 2. The Applicant was convicted of trafficking in narcotic drugs contrary to section 4(a)(i) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994. He was sentenced to pay a fine of Kshs. 100,000, in default to serve one (1) year's imprisonment. 3. The probation report indicates that, while in custody, the Applicant has participated in counselling and rehabilitation programmes and has demonstrated positive reform. 4. Having considered the report and the circumstances of the case, I am satisfied that the Applicant is suitable for early release. The period already served is sufficient. 5. Accordingly, the Applicant is released forthwith unless otherwise lawfully held. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF JUNE 2026 ________________ D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9212/eng@2026-06-30 1
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