[2024] KEHC 16061 (KLR)
The court found that the applicant had only served eight years of a fifteen-year sentence and did not fall within the category of prisoners with less than three years to serve as contemplated by the Chief Justice Memo on prison decongestion. There was no evidence of any irregularity or incorrectness in the sentence...
Source-derived case information.
- Citation
- [2024] KEHC 16061 (KLR)
- Parties
- Applicant: Nnamdi Egesimba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 284 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Narcotic Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nnamdi Egesimba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether there is any irregularity or incorrectness in the applicant's sentence warranting revision.
Ratio Decidendi
The court found that the applicant had only served eight years of a fifteen-year sentence and did not fall within the category of prisoners with less than three years to serve as contemplated by the Chief Justice Memo on prison decongestion. There was no evidence of any irregularity or incorrectness in the sentence imposed. Consequently, there was no legal basis or good cause to revise the sentence, and the application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed for lack of merit.
Full Case Text
Judgment text and source record
20 paragraphs
Egesimba v Republic (Criminal Revision 284 of 2024) [2024] KEHC 16061 (KLR) (20 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16061 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 284 of 2024
DR Kavedza, J
December 20, 2024
Between
Nnamdi Egesimba
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the Nnamdi Egesimba is suitable for consideration of their sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted on 6th July 2018 for the offence of trafficking Narcotic Drugs contrary to section 4a of the Narcotic Drugs and Psychotropic Substances Act No.4 of 1994. He was sentenced to fifteen(15) years imprisonment and pay a fine of ksh.18 million in default serve one(1) year imprisonment.
3. From the record, the applicant has only served eight years of his sentence. There is no record from prisons to show that the applicant has less than 3 years to serve. There is no incorrectness or irregularity in the sentence.
4. In my view I find no good cause or reason to revise the sentence imposed.
5. The application is dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 20THDAY OF DECEMBER 2024________________D. KAVEDZAJUDGE