REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARSEN
CRIMINAL REVISION NO. E013 OF 2026
RULING
The applicant was sentenced in count one for the offence of killing 32 wildlife species namely dik diks and in count 2 for the offence of dealing in the carcass of the said wildlife species without a permit. He was sentenced in count 1 to a sentence of 3 years imprisonment and in count 2 to pay a fine of Ksh.5 million in default serve 5 years imprisonment. Sentence was ordered to run consecutively.
The Applicant has now filed an undated application seeking for review of the sentence imposed on him. The grounds in support of the application are that by the time of filing the application in April 2026 he had served close to 4 years of the sentence imposed on him. That with remission he was due for release on or about 25 th August 2025 which date has lapsed.
The Applicant further avers that he is remorseful and has reformed.
I have perused the proceedings of the lower court attached to the application and noted that the applicant was sentenced on 22 nd April 2022. He has of now served more than 4 years and 2 months of the sentence imposed on him. If he is granted remission, he is due for release soon. I find the period served to be sufficient for the offence committed.
In view of the foregoing, I am inclined to consider the application favorably and order early release of the Applicant from prison custody. Consequently, I order that the Applicant be released from prison custody forthwith unless lawfully held.
In the presence of:
Mr. Oluoch for Respondent
Applicant – present virtually
Court Assistant - Rahma
IN THE HIGH COURT OF KENYA AT GARSEN
CRIMINAL REVISION NO. E013 OF 2026
RULING
The applicant was sentenced in count one for the offence of killing 32 wildlife species namely dik diks and in count 2 for the offence of dealing in the carcass of the said wildlife species without a permit. He was sentenced in count 1 to a sentence of 3 years imprisonment and in count 2 to pay a fine of Ksh.5 million in default serve 5 years imprisonment. Sentence was ordered to run consecutively.
The Applicant has now filed an undated application seeking for review of the sentence imposed on him. The grounds in support of the application are that by the time of filing the application in April 2026 he had served close to 4 years of the sentence imposed on him. That with remission he was due for release on or about 25 th August 2025 which date has lapsed.
The Applicant further avers that he is remorseful and has reformed.
I have perused the proceedings of the lower court attached to the application and noted that the applicant was sentenced on 22 nd April 2022. He has of now served more than 4 years and 2 months of the sentence imposed on him. If he is granted remission, he is due for release soon. I find the period served to be sufficient for the offence committed.
In view of the foregoing, I am inclined to consider the application favorably and order early release of the Applicant from prison custody. Consequently, I order that the Applicant be released from prison custody forthwith unless lawfully held.
In the presence of:
Mr. Oluoch for Respondent
Applicant – present virtually
Court Assistant - Rahma