[2024] KEHC 6402 (KLR)
The court found that the applicant, having served over six years in custody, demonstrated remorse and rehabilitation, and considering her advanced age and health issues, was eligible for early release. The probation report was favourable, showing family support for reintegration. The court held that the time already...
Source-derived case information.
- Citation
- [2024] KEHC 6402 (KLR)
- Parties
- Applicant: Lydia Wanjiku Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 77 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Application for sentence revision allowed; applicant released forthwith.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Narcotic Offences, Rehabilitation, Early Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Wanjiku Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant is eligible for sentence revision and early release given her age, rehabilitation, and time already served.
- 2 Whether the time served by the applicant is adequate punishment for the offence of trafficking in narcotic drugs.
Ratio Decidendi
The court found that the applicant, having served over six years in custody, demonstrated remorse and rehabilitation, and considering her advanced age and health issues, was eligible for early release. The probation report was favourable, showing family support for reintegration. The court held that the time already served constituted an adequate sentence under the circumstances and ordered her immediate release, subject to probation supervision for eight months to facilitate reintegration into society.
Court Disposition
Application for sentence revision allowed; applicant released forthwith.
Orders
- The applicant is released forthwith.
- The applicant shall report to Kibera Probation Office for a period of eight months for reintegration purposes.
Full Case Text
Judgment text and source record
20 paragraphs
Kamau v Republic (Criminal Revision 77 of 2023) [2024] KEHC 6402 (KLR) (4 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6402 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 77 of 2023
DR Kavedza, J
June 4, 2024
Between
Lydia Wanjiku Kamau
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act, No. 4 of 1994. She was sentenced to serve ten years imprisonment in addition to payment of a fine of 2,000,000 in default to serve 12 months imprisonment.
2. He has filed an application for sentence revision, stating that she has been in custody since 2017, totalling over 6 years, during which she has undergone rehabilitation. At 68 years old, she is a mother of two and a grandmother, facing age-related health issues. She prayed for early release to aid her reintegration into society.
3. This court called for probation report which was favourable.The report indicates that the applicant is remorseful for the offence committed. As for her conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in her rehabilitation process. The applicant’s family is also committed to helping her effectively rehabilitate and ensure successful reintegration into the community.
4. 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.
5. The applicant is released forthwith, and is directed to report to Kibera Probation Office for a period of eight (8) months for purposes of reintegration back into society.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4THDAY OF JUNE 2024________________D. KAVEDZAJUDGE