[2024] KEHC 15707 (KLR)
The court found that the applicant, convicted of trafficking in narcotic drugs and sentenced to a fine of Kshs. 20 million and ten years imprisonment (after revision), is not eligible for early release under the Chief Justice Memo on prison decongestion. The judge held that the sentence remains appropriate for the...
Source-derived case information.
- Citation
- [2024] KEHC 15707 (KLR)
- Parties
- Applicant: Rommeswinkel Dieter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 272 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review and early release dismissed. Applicant to serve sentence to completion.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Narcotic Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rommeswinkel Dieter
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review and early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the sentence imposed for trafficking in narcotic drugs remains appropriate after partial service.
Ratio Decidendi
The court found that the applicant, convicted of trafficking in narcotic drugs and sentenced to a fine of Kshs. 20 million and ten years imprisonment (after revision), is not eligible for early release under the Chief Justice Memo on prison decongestion. The judge held that the sentence remains appropriate for the offence committed, and there are no sufficient grounds to warrant a further reduction or early release. The applicant is to serve the sentence to completion.
Court Disposition
Application for sentence review and early release dismissed. Applicant to serve sentence to completion.
Orders
- The applicant is not eligible for early release.
- The applicant shall serve the sentence to completion.
Full Case Text
Judgment text and source record
19 paragraphs
Dieter v Republic (Criminal Revision 272 of 2024) [2024] KEHC 15707 (KLR) (13 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15707 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 272 of 2024
DR Kavedza, J
December 13, 2024
Between
Rommeswinkel Dieter
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Rommeswinkel Dieter 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 trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. He was sentenced pay a fine of Kshs. 20 million in addition to serving a sentence of twenty (20) years imprisonment. The sentence was revised to ten (10) years vide Criminal Appeal 6 of 2023.
3. The applicant has served two (2) years three (3) months on his sentence.
4. In my view, the sentence is appropriate for the offense committed and the applicant is not eligible for early release. The applicant is to serve the sentence to completion.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF DECEMBER 2024D. KAVEDZAJUDGE