[2024] KEHC 16059 (KLR)
The court found that the applicant, having been held in custody for two years, had effectively completed his sentence for the offence of possession of narcotic drugs. The review was conducted in accordance with the Chief Justice Memo on prison decongestion, which encourages the courts to consider early release or...
Source-derived case information.
- Citation
- [2024] KEHC 16059 (KLR)
- Parties
- Applicant: Abdi Anyanga Ali Alias Adi Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 244 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Narcotic Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Anyanga Ali Alias Adi Ali
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant's sentence has been fully served given his period in custody.
Ratio Decidendi
The court found that the applicant, having been held in custody for two years, had effectively completed his sentence for the offence of possession of narcotic drugs. The review was conducted in accordance with the Chief Justice Memo on prison decongestion, which encourages the courts to consider early release or sentence review for convicts who have served substantial periods in custody. The applicant's sentence of a fine of Ksh 50,000 or six months imprisonment in default was deemed satisfied by the period already served. Consequently, the court ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
application allowed
Orders
- The applicant is released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
Ali alias Adi Ali v Republic (Criminal Revision 244 of 2024) [2024] KEHC 16059 (KLR) (20 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16059 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 244 of 2024
DR Kavedza, J
December 20, 2024
Between
Abdi Anyanga Ali Alias Adi Ali
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Abdi Anyanga Ali alias Abdi Ali 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 convicted for the offence of possession of narcotic drugs contrary to section 3(1) as read with section 3(3) of the Narcotic and Psychotropic Substances (Control) Act, No 4 of 1994. He was sentenced to pay a fine of Ksh 50,000 and to serve 6 months imprisonment in default of the payment.
3. Having been held in custody for 2 years, his sentence is deemed to be complete.
4. For the forgoing reasons, the applicant is released forthwith unless otherwise lawfully held.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 20TH DAY OF DECEMBER 2024. .......................D. KAVEDZAJUDGE