[2024] KEHC 576 (KLR)
The court found that the applicant had been in custody since April 4, 2019, and that the Sentence Review Report was favourable for his early release. Considering the period already served and the positive recommendation for release, the court held that it was inexpedient to continue detaining the applicant. The term...
Source-derived case information.
- Citation
- [2024] KEHC 576 (KLR)
- Parties
- Applicant: Juma Rashid Mwawanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E076 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- application for sentence review allowed; applicant discharged and to be repatriated
- Judges
- A. Ong’injo
- Legal Topics
- Sentence Review, Narcotic Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Rashid Mwawanga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence to a non-custodial sentence.
- 2 Whether the period already served by the applicant is sufficient to warrant early release.
Ratio Decidendi
The court found that the applicant had been in custody since April 4, 2019, and that the Sentence Review Report was favourable for his early release. Considering the period already served and the positive recommendation for release, the court held that it was inexpedient to continue detaining the applicant. The term served was deemed sufficient, and the applicant was ordered to be discharged and repatriated to his home country, Tanzania.
Court Disposition
application for sentence review allowed; applicant discharged and to be repatriated
Orders
- The applicant is discharged from custody.
- The prisons authorities are to repatriate the applicant to his home country, Tanzania.
Full Case Text
Judgment text and source record
19 paragraphs
Mwawanga v Republic (Miscellaneous Criminal Application E076 of 2023) [2024] KEHC 576 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 576 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E076 of 2023
A. Ong’injo, J
January 25, 2024
Between
Juma Rashid Mwawanga
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Juma Rashid Mwawanga was charged in Kwale Magistrae Court CR. Case No. 557 of 2016 with the offence of Trafficking in Narcotic Drugs contrary to section 4(a) of the Act No. 4 of 1994. He was convicted & sentenced to serve 20 years jail term in counts 1 & 2 to run concurrently and additionally to pay a fine of Kshs.9,000,000/= in Count 1 and Kshs.1,160,000/= in Count II in default to serve one year imprisonment. The custodial sentences were ordered to run concurrently.
2. The applicant preferred appeal against conviction and sentence in Mombasa High Court Criminal Appeal No. 47 of 2019 where conviction was upheld but sentence of reviewed to 7 years with effect from date of conviction i.e. 4/4/2019. In Count II, the Judge ordered the applicant to pay fine of Kshs.1,160,000/= in Count 2 but didn’t indicate default sentence.
3. By an application filed on May 22, 2023, the applicant sought for review of his sentence to non-custodial sentence as he remained with one year & 4months to complete his sentence. This court called for a Sentence Review Report and the same was filed on November 12, 2023. The report is favourable for early release of applicant from jail.
4. This court finds that the applicant having been in custody since April 4, 2019, it is inexpedient to continue having him in custody. The term served is sufficient. He is therefore discharged to be repatriated to his home country in Tanzania by the prisons authorities.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS THIS 25TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia - Court AssistantMr. Ngiri for the RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE