[2024] KEHC 10832 (KLR)
The court found that the applicant, a South African national convicted of trafficking in narcotic drugs and sentenced to 11 years imprisonment (with a fine in default), had served over six years and had only one year and two months remaining. Both the Prison and Probation Reports attested to her good behaviour,...
Source-derived case information.
- Citation
- [2024] KEHC 10832 (KLR)
- Parties
- Applicant: Alicia Christi Coetzer; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E055 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Early Release/decongestion
- Outcome
- application for early release allowed; applicant to be released and repatriated
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Narcotic Offences, Early Release, Prisoner Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alicia Christi Coetzer
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Early Release/decongestion
Legal Issues
- 1 Whether the applicant qualifies for early release under the Chief Justice's decongestion memo.
- 2 Whether the applicant's positive rehabilitation and remaining sentence justify non-custodial release.
- 3 Whether supervision of a non-custodial sentence is feasible for a foreign national.
Ratio Decidendi
The court found that the applicant, a South African national convicted of trafficking in narcotic drugs and sentenced to 11 years imprisonment (with a fine in default), had served over six years and had only one year and two months remaining. Both the Prison and Probation Reports attested to her good behaviour, positive rehabilitation, and remorse. The reports also highlighted the impracticality of non-custodial supervision in Kenya due to her lack of fixed abode and foreign status. The South African Embassy expressed willingness to facilitate her repatriation. In light of these factors, and pursuant to the Chief Justice's decongestion guidelines, the court held that sufficient sentence...
Court Disposition
application for early release allowed; applicant to be released and repatriated
Orders
- The applicant shall forthwith be set at liberty unless otherwise lawfully held.
- The applicant shall be handed over to the South African Embassy for repatriation to her country of origin.
Full Case Text
Judgment text and source record
22 paragraphs
Coetzer v Republic (Criminal Revision E055 of 2024) [2024] KEHC 10832 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10832 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E055 of 2024
DR Kavedza, J
September 17, 2024
Between
Alicia Christi Coetzer
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that applicant was 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 pay a fine of Kshs. 12,000,000/= in default to serve one year imprisonment. Additionally, she was sentenced to serve 15 years imprisonment. Upon appeal to the High Court, Nzioka J. reduced the Applicant’s sentence to 11 years, effective from 30th July 2018.
3. According to the Recommendation Report from prison dated 7th August 2024, the Applicant has 1 year and 2 months left to complete her sentence. The Report also indicated that the Applicant has been of good behaviour since her admission to prison.
4. The Probation Report was also filed in court with respect to the Applicant. According to the said Report, the Applicant has been receptive of Rehabilitation programs while in prison, she is remorseful and prays that she be granted an early release.
5. The Report further notes that since the Applicant is a South African national with no known fixed abode in Kenya, supervision of a non-custodial sentence would be difficult. The Report recommends that the Applicant be granted an early release, given her positive rehabilitation in prison. The South African Women Association, in collaboration with the South African Embassy, have expressed willingness to facilitate her repatriation to her country.
6. In view of the foregoing, it is my finding that the applicant is eligible for early release as the both the Probation and Prison Reports found in her favour. The applicant has been in custody for over six (6) years. This, in my view, is sufficient sentence served by the applicant.
7. Consequently, I proceed to order as follows:I. The applicant shall forthwith be set at liberty unless otherwise lawfully held.II. As the applicant is a South African national, she shall be handed over to the South African Embassy for repatriation to her country of origin.III. A report to be filed in court thereof.It is so ordered.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ...........................................D. KAVEDZAJUDGE