[2024] KEHC 10874 (KLR)
The court found that the applicant, convicted of possession of narcotic drugs and sentenced to ten years imprisonment, had served five years with only one year and five months remaining after remission. The Chief Justice's memo allows for consideration of non-custodial sentences for inmates with three years or less...
Source-derived case information.
- Citation
- [2024] KEHC 10874 (KLR)
- Parties
- Applicant: Shadrack Agumbi Emali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 223 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Application for sentence revision allowed; custodial sentence substituted with community service.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Narcotic Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Agumbi Emali
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and rehabilitation support a revision of sentence.
Ratio Decidendi
The court found that the applicant, convicted of possession of narcotic drugs and sentenced to ten years imprisonment, had served five years with only one year and five months remaining after remission. The Chief Justice's memo allows for consideration of non-custodial sentences for inmates with three years or less remaining. The probation report indicated the applicant was remorseful and receptive to rehabilitation. Based on these findings, the court determined that the applicant was suitable for a non-custodial sentence and ordered his placement on community service for twelve months.
Court Disposition
Application for sentence revision allowed; custodial sentence substituted with community service.
Orders
- The applicant is placed on community service for twelve months at Mutuini Location Chief’s Camp under the supervision of the area chief.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Emali v Republic (Criminal Revision 223 of 2024) [2024] KEHC 10874 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10874 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 223 of 2024
DR Kavedza, J
September 17, 2024
Between
Shadrack Agumbi Emali
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 by the trial court for the offence of being in possession of narcotic drugs (bhang) contrary to section 3(1) as read with 3(2) of the Narcotic and Psychotropic Act No. 4 of 1994. He was sentenced to serve ten years imprisonment.
3. According to the Prison Conduct Report dated 15th August 2024, the applicant has served five years of his sentence, with one year and five months remaining, after accounting for a remission period of three years and four months.
4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison and he is remorseful about committing the offence.
5. The findings in the probation report are in favour of the applicant and I accordingly find that he can benefit from a non-custodial sentence.
6. I therefore order that the applicant be placed on community service for twelve (12) months at Mutuini Location Chief’s Camp, under the supervision of the area chief.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ...........................D. KAVEDZAJUDGE