[2024] KEHC 10881 (KLR)
The court found that the applicant, convicted of trafficking in narcotic drugs and serving an eight-year sentence with only one year and six months remaining, met the criteria for consideration under the Chief Justice's decongestion memo. The probation report indicated the applicant's remorse, positive...
Source-derived case information.
- Citation
- [2024] KEHC 10881 (KLR)
- Parties
- Applicant: Daniel Njenga Mwaura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E025 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; custodial sentence substituted with probation.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Probation Orders, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Njenga Mwaura
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and remaining sentence justify probation.
Ratio Decidendi
The court found that the applicant, convicted of trafficking in narcotic drugs and serving an eight-year sentence with only one year and six months remaining, met the criteria for consideration under the Chief Justice's decongestion memo. The probation report indicated the applicant's remorse, positive rehabilitation record, and family support for reintegration. In the absence of any adverse factors, the court exercised its discretion to substitute the remaining custodial sentence with a non-custodial probation order for six months, under supervision, to facilitate the applicant's reintegration into society.
Court Disposition
Application for revision allowed; custodial sentence substituted with probation.
Orders
- The applicant is placed on probation for six months under the supervision of the Sub-County probation officer, Kibera.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Mwaura v Republic (Criminal Revision E025 of 2024) [2024] KEHC 10881 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10881 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E025 of 2024
DR Kavedza, J
September 17, 2024
Between
Daniel Njenga Mwaura
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that applicant was convicted by the trial court 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 8 years imprisonment. He was also sentenced to pay a fine of Kshs. 4,248,000/=, in default to serve an additional 1-year imprisonment.
3. A Probation Report was filed with respect to the Applicant, indicating that the Applicant is left to serve 1 year and 6 months before release.
4. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. He is remorseful and deeply regrets his actions. His family members, particularly his brother, is also ready to facilitate his progressive reintegration upon release.
5. The findings in the probation report are in favour of the applicant and I accordingly find that he can benefit from a non-custodial sentence.
6. I therefore order that the applicant be placed on probation for six (6) months, under the supervision of the Sub-County probation officer, Kibera.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ...........................D. KAVEDZAJUDGE