[2024] KEHC 13360 (KLR)
The court found that the applicant, having only served six months of a thirteen-year sentence for trafficking narcotic drugs, did not demonstrate any good cause or compelling reason to warrant revision of the sentence. The court emphasized that the mere invocation of the Chief Justice Memo on prison decongestion is...
Source-derived case information.
- Citation
- [2024] KEHC 13360 (KLR)
- Parties
- Applicant: Festus Chibueze Elemu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 249 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
Festus Chibueze Elemu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether there is good cause to revise the sentence imposed for trafficking narcotic drugs.
Ratio Decidendi
The court found that the applicant, having only served six months of a thirteen-year sentence for trafficking narcotic drugs, did not demonstrate any good cause or compelling reason to warrant revision of the sentence. The court emphasized that the mere invocation of the Chief Justice Memo on prison decongestion is insufficient without substantive justification. The seriousness of the offence and the short duration served weighed against granting the application. Consequently, the application for sentence review was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed for lack of merit.
Full Case Text
Judgment text and source record
19 paragraphs
Elemu v Republic (Criminal Revision 249 of 2024) [2024] KEHC 13360 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 13360 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 249 of 2024
DR Kavedza, J
September 30, 2024
Between
Festus Chibueze Elemu
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Festus Chibueze Elemu 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 for the offence of Trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. He was sentenced to pay a fine of kshs33,300,000, in default to serve 1-year imprisonment. In addition, she was sentenced to twelve (12) years imprisonment.
3. Applicant has only served six months of his sentence of thirteen (13) years imprisonment. In my view I find no good cause or reason to revise the sentence imposed.
4. The application dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF SEPTEMBER 2024. ............................D. KAVEDZAJUDGE