[2023] KEHC 22054 (KLR)
The court found that the applicant, Janet Rosa Juma, had already served 8 months of her consecutive 9 and 6 month sentences for offences under the Alcoholic Drinks Control Act. The Probation Officer's report noted the applicant's wish to complete her sentence in custody, but the court found this unusual and saw no...
Source-derived case information.
- Citation
- [2023] KEHC 22054 (KLR)
- Parties
- Applicant: Janet Rosa Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E157 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised to time served; applicant to be released forthwith unless otherwise lawfully held
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Possession of Unlicensed Alcohol, Alcoholic Drinks Control Act, Prison Decongestion, Consecutive Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Rosa Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the time already served.
- 2 Whether continued incarceration serves any further penal purpose.
Ratio Decidendi
The court found that the applicant, Janet Rosa Juma, had already served 8 months of her consecutive 9 and 6 month sentences for offences under the Alcoholic Drinks Control Act. The Probation Officer's report noted the applicant's wish to complete her sentence in custody, but the court found this unusual and saw no further purpose in continued incarceration for the remaining months. In the context of the ongoing Prison Decongestion Exercise, the court exercised its revisionary jurisdiction to revise the sentence to time served and ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised to time served; applicant to be released forthwith unless otherwise lawfully held
Orders
- The sentence is revised to the period already served.
- The applicant is to be released from custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Juma v Republic (Revision Case E157 of 2023) [2023] KEHC 22054 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22054 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E157 of 2023
HM Nyaga, J
August 22, 2023
Between
Janet Rosa Juma
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.
2. The Applicant, Janet Rosa Juma was convicted for the offences of possession of alcoholic drinks that do not conform to the prescribed standards of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act and Selling Alcoholic Drinks without alcoholic Liquor Licence contrary to section 7(1)(b) as read with section 62 of the same Act. On January 4, 2023 she was sentenced to serve 9 months and 6 months’ imprisonment respectively, and the sentences to run consecutively.
3. She has so far served about 8 months in prison.
4. According to the Sentence Review Report filed on July 28, 2023, the Probation Officer, Elizabeth Kwamboka, states that the inmate wishes to complete her sentence in custody. No reasons were given for this bizarre situation. I am yet to come across a convict who does not want to smell the aroma of freedom. I note that she has served 8 months already. I am not convinced that the few remaining months will serve any further purpose that the ones she has already served.
5. In light of the above, I hereby revise the sentence to the time served. I order that the convict be released from custody forthwith, unless lawfully held.
6. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant -