[2024] KEHC 8005 (KLR)
The court found that the applicant had demonstrated remorse, undergone rehabilitation, and had the support of her family for reintegration. The probation report was favourable, and the applicant's conduct in prison was positive. In view of these factors, the court held that the time already served constituted an...
Source-derived case information.
- Citation
- [2024] KEHC 8005 (KLR)
- Parties
- Applicant: Elizabeth Akinyi Mboga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 64 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Application for sentence revision allowed; applicant released forthwith unless otherwise lawfully held.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Narcotic Offences, Rehabilitation, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Akinyi Mboga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant is eligible for early release based on time served and rehabilitation.
- 2 Whether a non-custodial sentence is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant had demonstrated remorse, undergone rehabilitation, and had the support of her family for reintegration. The probation report was favourable, and the applicant's conduct in prison was positive. In view of these factors, the court held that the time already served constituted an adequate sentence under the circumstances and that the applicant was eligible for early release. The court ordered her immediate release and directed her to report to the probation office for reintegration.
Court Disposition
Application for sentence revision allowed; applicant released forthwith unless otherwise lawfully held.
Orders
- The applicant is released forthwith unless otherwise lawfully held.
- The applicant is directed to report to Muhoroni Probation Office for reintegration for a period of 12 months.
Full Case Text
Judgment text and source record
20 paragraphs
Mboga v Republic (Criminal Revision 64 of 2023) [2024] KEHC 8005 (KLR) (2 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8005 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 64 of 2023
DR Kavedza, J
July 2, 2024
Between
Elizabeth Akinyi Mboga
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 15 years imprisonment in addition to pay a fine of Kshs. 10 million in default to serve 1-year imprisonment. Being aggrieved, she filed an appeal challenging her conviction and sentence. Her appeal on sentence was successful and her sentence was reduced to 10 years imprisonment.
2. He has filed an application for sentence revision, stating that she has been in custody since 2018 during which she has undergone rehabilitation. She is a single mother aged 57 years and facing health related issues. She prayed for early release to aid her reintegration into society and take care of her children. She prayed for a non-custodial sentence.
3. This court called for probation report which was favourable.The report indicates that the applicant is remorseful for the crime 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 unless otherwise lawfully held. The applicant is directed to report to Muhoroni Probation Office for reintegration for a period of 12 months.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 2ND DAY OF JULY 2024. D. KAVEDZAJUDGE