[2024] KEHC 12152 (KLR)
The court found that the applicant had demonstrated remorse, engaged in rehabilitation activities, and had strong family support for reintegration. The probation report was favourable, indicating the applicant's suitability for a non-custodial sentence. The court held that, in view of the applicant's conduct,...
Source-derived case information.
- Citation
- [2024] KEHC 12152 (KLR)
- Parties
- Applicant: Thomas Mutune; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E001 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Early Release/non Custodial Sentence
- Outcome
- application for early release and non-custodial sentence allowed; applicant released forthwith.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Principles, Non Custodial Sentences, Early Release, Rehabilitation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mutune
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Early Release/non Custodial Sentence
Legal Issues
- 1 Whether the applicant is eligible for early release from imprisonment based on rehabilitation and probation report.
- 2 Whether a non-custodial sentence is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant had demonstrated remorse, engaged in rehabilitation activities, and had strong family support for reintegration. The probation report was favourable, indicating the applicant's suitability for a non-custodial sentence. The court held that, in view of the applicant's conduct, rehabilitation, and the positive probation report, he was eligible for early release and a non-custodial sentence. The court therefore ordered his immediate release and directed him to report to the probation office for reintegration.
Court Disposition
application for early release and non-custodial sentence allowed; applicant released forthwith.
Orders
- The applicant is released forthwith from custody.
- The applicant is directed to report to Kibera Sub-County Probation Office for reintegration.
Full Case Text
Judgment text and source record
21 paragraphs
Mutune v Republic (Miscellaneous Criminal Application E001 of 2024) [2024] KEHC 12152 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12152 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E001 of 2024
DR Kavedza, J
October 14, 2024
Between
Thomas Mutune
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial 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. He was sentenced to serve 30 years. On appeal, his sentence was substituted with a sentence of fifteen (15) years imprisonment.
2. The probation report availed in court indicates that the applicant has a balance of 2 year and 1 months on his sentence. Additionally, the report indicates that the applicant is remorseful and prays that he be granted community service.
3. As for her conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him 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 as the report found in his favour. The applicant has been in custody for one year and three months. In my view, the applicant is eligible for a non-custodial sentence.
5. I therefore direct that the applicant be released forthwith. He is directed to report to Kibera Sub - County Probation Office for reintegration.
It is so ordered.
RULING DELIVERED VIRTUALLY THIS DAY 14THOCTOBER 2024. D. KAVEDZAJUDGE