[2024] KEHC 3837 (KLR)
The court found that the appellant, with only one month left to serve, fell within the category of inmates eligible for non-custodial sentences as per the Chief Justice's memo. The court exercised its discretion to set aside the ten-year custodial sentence imposed by the trial court and substituted it with a finding...
Source-derived case information.
- Citation
- [2024] KEHC 3837 (KLR)
- Parties
- Appellant: Patrick Rivoke Ibrahim; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 73 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Sentence Substitution
- Outcome
- custodial sentence set aside; appellant deemed to have served sufficient sentence
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Policy, Non Custodial Sentences, Telecommunications Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Rivoke Ibrahim
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Sentence Substitution
Legal Issues
- 1 Whether the appellant qualifies for substitution of a custodial sentence with a non-custodial sentence under the Chief Justice's memo.
- 2 Whether the remaining sentence period justifies setting aside the custodial sentence.
Ratio Decidendi
The court found that the appellant, with only one month left to serve, fell within the category of inmates eligible for non-custodial sentences as per the Chief Justice's memo. The court exercised its discretion to set aside the ten-year custodial sentence imposed by the trial court and substituted it with a finding that the appellant had served sufficient sentence. The decision was guided by the policy to decongest prisons and the specific circumstances of the appellant's remaining sentence period.
Court Disposition
custodial sentence set aside; appellant deemed to have served sufficient sentence
Orders
- The ten (10) years custodial sentence imposed by the trial court is set aside.
- The appellant is deemed to have served sufficient sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Ibrahim v Republic (Criminal Appeal 73 of 2024) [2024] KEHC 3837 (KLR) (16 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3837 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 73 of 2024
DR Kavedza, J
April 16, 2024
Between
Patrick Rivoke Ibrahim
Appellant
and
Republic
Respondent
Ruling
1. The appellant was charged and convicted for the offense of tampering with telecommunication plant contrary to section 32 (c) of the Kenya Communication Amendment Act No. 12 Cap. 411 Laws of Kenya. He was sentenced to pay a fine of Kshs. 5,000,000/= and in default to serve ten (10) years’ imprisonment.
2. This matter came up in court on 16/04/2024 for mention for directions on the appeal. However, during the proceedings, it was highlighted that applicant has only one month left to complete his sentence, which position was confirmed by the prisons.
3. According to the Chief Justice’s memo dated 07/12/2022, inmates who are serving long sentences and have a balance of three (3) years or less may be considered for non-custodial sentence.
4. In line with the aforementioned memo, I hereby set aside the ten (10) years custodial sentence imposed by the trial court and substitute it with an order that the applicant has served sufficient sentence.
5. The applicant shall forthwith be set at liberty unless otherwise lawfully held.It is so ordered.
RULING DELIVERED THIS DAY 16TH DAY OF APRIL 2024. ________________D. KAVEDZAJUDGEIn presence of:Mr. Mutuma for the RespodentAppellant present on the virtual platformNelson Court assistant