[2024] KEHC 12611 (KLR)
The court held that it is functus officio, having already dealt with the matter through a court of concurrent jurisdiction. There was no legal basis or new and compelling circumstances presented by the applicant to warrant a review of the sentence. The application for sentence review was therefore found to be...
Source-derived case information.
- Citation
- [2024] KEHC 12611 (KLR)
- Parties
- Applicant: Lucy Nduta Chege; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 48 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Narcotic Drugs, Sentencing Review, Functus Officio, Rehabilitation of Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Nduta Chege
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the High Court has jurisdiction to review the applicant's sentence after an appeal has been dismissed.
- 2 Whether the applicant has demonstrated sufficient grounds for sentence review.
Ratio Decidendi
The court held that it is functus officio, having already dealt with the matter through a court of concurrent jurisdiction. There was no legal basis or new and compelling circumstances presented by the applicant to warrant a review of the sentence. The application for sentence review was therefore found to be lacking in merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- The applicant is directed not to file a similar application without leave of court.
Full Case Text
Judgment text and source record
21 paragraphs
Chege v Republic (Criminal Revision 48 of 2024) [2024] KEHC 12611 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12611 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 48 of 2024
DR Kavedza, J
October 14, 2024
Between
Lucy Nduta Chege
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of trafficking in Narcotic Drugs Contrary to section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act no. 4 of 1994. She was sentenced to serve 20 years imprisonment in addition to pay a fine of 30 million in default to serve 1-year imprisonment. Being aggrieved, she filed an appeal which was dismissed by Ogembo J on 8th March 2022.
2. The applicant has now filed an application dated 18th September 2024 seeking sentence review. The application is supported by an affidavit sworn by the applicant.
3. The applicant averred that she is remorseful; she was only 22 years old at the time of arrest and a single mother of an infant; she has been rehabilitated; her child deserves care and protection and she is ready to be integrated back into society.
4. I have considered the application, the affidavit in support and the applicable law.
5. This matter having already been dealt with a court of concurrent jurisdiction, this court is functus officio. In addition, the application for sentence review is found to be lacking in merit and is dismissed.
6. The applicant is directed not to file a similar application without leave of court.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 14TH DAY OF OCTOBER, 2024. ...........................D. KAVEDZAJUDGE