[2024] KEHC 10872 (KLR)
The court found that the applicant, having served six years and seven months of her sentence for trafficking in narcotic drugs and with only one year and six months remaining, was eligible for early release under the Chief Justice's decongestion guidelines. The applicant's good behaviour, participation in...
Source-derived case information.
- Citation
- [2024] KEHC 10872 (KLR)
- Parties
- Applicant: Maria Elena Colmenares; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 218 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, Non Custodial Sentences, Early Release, Prisoner Repatriation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maria Elena Colmenares
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 conduct and remaining sentence justify a non-custodial sentence or release.
- 3 Whether repatriation is appropriate given the applicant's nationality.
Ratio Decidendi
The court found that the applicant, having served six years and seven months of her sentence for trafficking in narcotic drugs and with only one year and six months remaining, was eligible for early release under the Chief Justice's decongestion guidelines. The applicant's good behaviour, participation in rehabilitation, and favourable reports from both the Prison and Probation departments supported her application. Additionally, as an American national, arrangements for her repatriation were in place. The court concluded that the sentence already served was sufficient and ordered her immediate release and repatriation.
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 American Embassy for repatriation to her country of origin.
Full Case Text
Judgment text and source record
21 paragraphs
Colmenares v Republic (Criminal Revision 218 of 2024) [2024] KEHC 10872 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10872 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 218 of 2024
DR Kavedza, J
September 17, 2024
Between
Maria Elena Colmenares
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. 20,000,000/= in default to serve one year imprisonment. Additionally, she was sentenced to serve 10 years imprisonment.
3. According to the Recommendation Report from prison dated 7th August 2024, the Applicant has 1 year and 6 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. Additionally, the report indicates that the applicant is remorseful and prays that she be granted an early release. As the Applicant is an American national, the American Embassy has expressed willingness to facilitate her repatriation to her country of origin.
5. 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 six (6) years and seven (7) months. This, in my view, is sufficient sentence served by the applicant.
6. 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 an American national, she shall be handed over to the American 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