[2025] KEHC 3702 (KLR)
The court found that the applicant, Samuel Kazembe, had already served the full sentence imposed for the offence of possession of narcotic drugs, as evidenced by the probation report and his release from prison. Consequently, there was no basis for further sentence review under the Chief Justice Memo on prison...
Source-derived case information.
- Citation
- [2025] KEHC 3702 (KLR)
- Parties
- Applicant: Samuel Kazembe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 332 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application spent; applicant has completed sentence.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Narcotic Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kazembe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant has already served the full sentence imposed for possession of narcotic drugs.
Ratio Decidendi
The court found that the applicant, Samuel Kazembe, had already served the full sentence imposed for the offence of possession of narcotic drugs, as evidenced by the probation report and his release from prison. Consequently, there was no basis for further sentence review under the Chief Justice Memo on prison decongestion. The application was therefore disposed of as spent, with no further orders necessary.
Court Disposition
Application spent; applicant has completed sentence.
Orders
- The applicant has completed the sentence. No further orders issued.
Full Case Text
Judgment text and source record
19 paragraphs
Kazembe v Republic (Criminal Revision 332 of 2024) [2025] KEHC 3702 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3702 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 332 of 2024
DR Kavedza, J
March 26, 2025
Between
Samuel Kazembe
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Samuel Kazembe is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted for the offence of being in possession of narcotic drugs contrary to section 3 (1) as read with 3(2)(a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. He was sentenced on 21st August 2024 to a fine of ksh.10,000/- in default to serve 4(four) months imprisonment.
3. According to the probation report dated 4th February 2025 on record the Applicant has already served the full sentence at Nairobi West Prison and was released on 17th September 2024.
4. I therefore find that the Applicant completed the sentence.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025. D. KAVEDZAJUDGE