[2025] KEHC 3731 (KLR)
The court held that, notwithstanding the Chief Justice Memo encouraging sentence reviews for prison decongestion, the seriousness of the offence of trafficking in narcotic drugs precludes the applicant from being considered for a non-custodial sentence. The applicant had already benefited from a sentence reduction...
Source-derived case information.
- Citation
- [2025] KEHC 3731 (KLR)
- Parties
- Applicant: Yusuf Bilal Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 361 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application for sentence review declined
- 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
Yusuf Bilal Ali
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the seriousness of the offence precludes the applicant from a non-custodial sentence.
Ratio Decidendi
The court held that, notwithstanding the Chief Justice Memo encouraging sentence reviews for prison decongestion, the seriousness of the offence of trafficking in narcotic drugs precludes the applicant from being considered for a non-custodial sentence. The applicant had already benefited from a sentence reduction on appeal, and the probation report did not provide sufficient grounds to warrant further leniency. The court therefore declined to grant the application for sentence review.
Court Disposition
application for sentence review declined
Orders
- The application for sentence review is declined.
- The applicant shall continue to serve the custodial sentence as previously ordered.
Full Case Text
Judgment text and source record
16 paragraphs
Ali v Republic (Criminal Revision 361 of 2024) [2025] KEHC 3731 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3731 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 361 of 2024
DR Kavedza, J
March 26, 2025
Between
Yusuf Bilal Ali
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Yusuf Bilal 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. 1.The applicant was convicted with another for the offence of Trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. He was sentenced on 27th May 2021 to pay a fine of Ksh.37,350,000/- in default to serve a one-year imprisonment. In addition, he was sentenced to serve thirty-five (35) years imprisonment. All the sentences were to run consecutively starting from 27th May 2021. On appeal, his sentence was substituted with a term of eleven (11) years to run from the date of conviction.2. According to the probation report dated 4th February 2025 on record the Applicant has served 3 years and 8 months of his sentence.3. I find that the Applicant is not eligible for a non-custodial sentence due to the seriousness of the offence and I decline to release him on a non-custodial sentence.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025. ________________D. KAVEDZAJUDGE