REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIBERA
FROM THE ORIGINAL RECORDS OF CR NO. 424/17
AT KIBERA LAW COURT NO.3
SENTENCE REVIEW APPLICATION NO. OF 2023
ABDI JAMES MUTUA ……….……... APPLICANT
-VERSUS-
REPUBLIC ………………….………………………… RESPONDENT
CERTIFICATE OF URGENCY
I, ABDI JAMES MUTUA being a convict at Nairobi Remand and Allocation Maximum
Security Prisons NBA/2832/23/LS do hereby certify this application to be of utmost urgency
by its dint of fact: -
1. THAT, the intended application is of urgent for reasons WHEREOF the application
be certified as urgent to proceed on a priority basis as prayed for under this certificate
of urgency for query of SENTENCE REVIEW in case file CR NO. 424/17.
Dated at Nairobi this ……….…… day of November 2023.
SIGN __________________
ABDI JAMES MUTUA APPLICANT
DRAWN AND FILED BY: TO BE SERVED UPON:
NBA/2832/23/LS ABDI JAMES MUTUA OFFICE OF THE DIRECTOR OF
C/O OFFICER-IN-CHARGE PUBLIC PROSECUTIONS,
NAIROBI REMAND & ALLOCATION ODPP HOUSE, RAGATI ROAD,
MAXIMUM SECURITY PRISONS. UPPER HILL
P.O BOX 18544-00500, P.O BOX 30701-00100,
NAIROBI-KENYA NAIROBI- KENYA
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIBERA
FROM THE ORIGINAL RECORDS OF CR NO. 424/17
AT KIBERA LAW COURT NO.3
SENTENCE REVIEW APPLICATION NO. OF 2023
ABDI JAMES MUTUA ……….……... APPLICANT
-VERSUS-
REPUBLIC ………………….………………………… RESPONDENT
NOTICE OF MOTION
(Section 362 and 364 of the Criminal Procedure Code)
LET ALL PARTIES concerned attend the Honourable judge in the chambers of this
…………. Day of ………….2023 at 0900hrs in the FORENOON or SOON THEREFORE
for the hearing of the application for orders: -
1) THAT, I am the above-mentioned person, a Kenyan and a convict at the Nairobi
Remand and Allocation Maximum Security Prison.
2) THAT, I pray this honourable court to consider my prayer and review my sentence to
preferably a NON-CUSTODIAL sentence.
3) THAT, the honourable judge be pleased to issue any other orders it may deem fit and
just.
4) THAT, this application is duly supported by an annexed affidavit upon such orders
grounds to be addressed during the application.
Dated at Nairobi this ……….…… day of November 2023.
SIGN __________________
ABDI JAMES MUTUA APPLICANT
DRAWN AND FILED BY: TO BE SERVED UPON:
NBA/2832/23/LS ABDI JAMES MUTUA OFFICE OF THE DIRECTOR OF
C/O OFFICER-IN-CHARGE PUBLIC PROSECUTIONS,
NAIROBI REMAND & ALLOCATION ODPP HOUSE, RAGATI ROAD,
MAXIMUM SECURITY PRISONS. UPPER HILL
P.O BOX 18544-00500, P.O BOX 30701-00100,
NAIROBI-KENYA NAIROBI- KENYA
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIBERA
FROM THE ORIGINAL RECORDS OF CR NO. 424/17
AT KIBERA LAW COURT NO.3
SENTENCE REVIEW APPLICATION NO. OF 2023
ABDI JAMES MUTUA ……….……... APPLICANT
-VERSUS-
REPUBLIC ………………….………………………… RESPONDENT
SUPPORTING AFFIDAVIT
I, ABDI JAMES MUTUA of NBA/2832/23/LS do hereby make an oath and solemnly state
as follows: -
1. THAT, I am the above-mentioned person, a Kenyan and a convict at the Nairobi
Remand and Allocation Maximum Security Prison.
2. THAT, the charge was that of ROBBERY WITH VIOLENCE CONTRARY TO
SECTION 295 AS READ WITH SECTION 296 (2) OF THE PENAL CODE
whereby after going through the whole trial process, the court found me guilty and
sentenced me to serve 15 (Fifteen) years in prison.
3. THAT, I was arrested on the 16TH day of February 2017 and charged before the
chief magistrate’s court at Kibera Law Court in CR NO. 424/17.
4. THAT, I wish to notify the court that I have never been arrested or arraigned before a
court of law this is the first time I am conflicting with the law.
5. THAT, I am a husband to my beloved unemployed wife and a father of a school
going child who all depended on me solely in upkeep and without my assistance to
pay fees, pay house rent amongst other dire needs, my family’s future is unpredicted
and considering today’s economy nationwide, it’s deteriorating my humble family’s
situation.
6. THAT both my family and I have suffered both psychological and physical in prison
over the pre-trial detention as I was unable to raise bond/bail terms imposed to do my
trial while out of custody and now with the long jail term.
7. THAT, I have been in custody from February 2017 upto date and during this entire
period of approximately six (6) years I have handled myself to the best of my
reasonable expectation by an inmate viz a viz Prison Authority can attest.
8. THAT, during my time in custody, I have no words to express how much I have been
affected by the distance between myself, my humble family and my only sister who is
left considering that I am an orphan, which the distance I however wish to make good
as soon as I am legally allowed to do so.
9. THAT, I feel deeply sorry for the victim as the court found me to have taken part in
the loss of property amongst other ways the victim suffered when the incident
happened. I now know and understand how it feels as I put myself in the shoes.
10. THAT, while in custody, I have been rehabilitated in the following activities:
- I have actively participated in guidance and counseling sessions which consist
of peer and group therapy. This has aided me to always be a productive man
even to the country and also improving my self-esteem thus enabling me to
peacefully live with others.
- I have also energetically participated in religious activities Islamic Reading
and Writing which has enhanced my relationship with God and also molded
my character to a better person and God-fearing man.
- In prison, I have equally actively engaged in various recreational activities I
will utilize for self-development and adjust as to how to quickly deal with
stress of life through mediation and self-healing.
- I have also learnt a lot including the consequences of crime and will never
again engage myself in criminal activities and will be an ambassador of Crime
Si Poa initiative after prison.
11. THAT, that my family and the society at large is readily willing to receive me back
and get assist me engage myself in nation building activities and becoming an
ambassador of saying no to crime.
12. THAT, it is therefore my humble request through this Hon. Court do acquire human
heart on me and consider the time spent in custody while the trial was ongoing and
since I was convicted as enough punishment.
13. THAT, taking into account my plea for review of sentence to preferably NON-
CUSTODIAL SENTENCE, I request for the same for the reason that my family still
needs my care, protection and guidance and I pray for another chance to be together
with my separated kins.
14. THAT, I believe this honourable court is in the best position to review the sentence
imposed as guided by the Constitution of Kenya.
15. THAT, I pray to be present during the hearing of this application.
16. THAT, I what I have deponed herein is true to the best of my knowledge, belief and
understanding.
Dated at Nairobi this ……….…… day of November 2023.
SIGN __________________
ABDI JAMES MUTUA APPLICANT
BEFORE ME
………………………………………………….………………….
MAGISTRATE/COMMISIONER OF OATHS.
