[2024] KEHC 9145 (KLR)
The court found that the applicant, having served a significant portion of his sentence and demonstrated rehabilitation through participation in trainings and counselling, was eligible for early release under the Chief Justice's decongestion guidelines. The applicant's health issues and family circumstances further...
Source-derived case information.
- Citation
- [2024] KEHC 9145 (KLR)
- Parties
- Applicant: Ewe Abalo Folly; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 68 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence revision allowed; applicant released and to be repatriated.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Narcotic Offences, Non Custodial Sentences, Prisoner Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ewe Abalo Folly
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant qualifies for sentence revision under the Chief Justice's decongestion memo.
- 2 Whether the time already served is sufficient punishment for the offence of trafficking in narcotic drugs.
Ratio Decidendi
The court found that the applicant, having served a significant portion of his sentence and demonstrated rehabilitation through participation in trainings and counselling, was eligible for early release under the Chief Justice's decongestion guidelines. The applicant's health issues and family circumstances further justified the revision of his sentence. The court held that the time already served constituted an adequate sentence in the circumstances and ordered his repatriation to his country of origin, Togo.
Court Disposition
Application for sentence revision allowed; applicant released and to be repatriated.
Orders
- The time served by the applicant is deemed adequate sentence.
- The applicant shall be repatriated to his country of origin, Togo.
Full Case Text
Judgment text and source record
21 paragraphs
Folly v Republic (Criminal Revision 68 of 2024) [2024] KEHC 9145 (KLR) (24 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9145 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 68 of 2024
DR Kavedza, J
July 24, 2024
Between
Ewe Abalo Folly
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. The applicant was charged and convicted for the offence of trafficking in narcotic drugs and Psychotropic Substances contrary to section 4(A) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. He was sentenced to serve sixteen (16) years imprisonment to run from the date of arrest.
3. He filed the present application seeking sentence review. The grounds raised are that since his incarceration, he has developed blood pressure and persistent back pain which forced him to be admitted to Kenyatta National Hospital. He has been rehabilitated and he is the sole breadwinner in his family of one wife and one son. He urged the court to revise the sentence of the time already spent as sufficient.
4. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process.
5. In view of the foregoing, it is my finding that the applicant is eligible for early release. I therefore find the time served as adequate sentence under the circumstances. The applicant shall be repatriated to his country of origin Togo.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 24THDAY OF JULY 2024D. KAVEDZAJUDGE