[2024] KEHC 10869 (KLR)
The court found that despite the applicant's positive rehabilitation record and remaining sentence of less than three years, the probation report concluded she was unsuitable for a non-custodial sentence due to her status as a foreigner with weak community ties, lack of permanent residence, and the victim's...
Source-derived case information.
- Citation
- [2024] KEHC 10869 (KLR)
- Parties
- Applicant: Amina Nagudi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 185 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
- Outcome
- Application for non-custodial sentence declined; applicant to serve sentence to completion.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing, Non Custodial Sentences, Prison Decongestion, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amina Nagudi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Non Custodial Sentence Under Decongestion Exercise
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's personal circumstances and probation report support early release.
Ratio Decidendi
The court found that despite the applicant's positive rehabilitation record and remaining sentence of less than three years, the probation report concluded she was unsuitable for a non-custodial sentence due to her status as a foreigner with weak community ties, lack of permanent residence, and the victim's opposition. The court held that these factors made her a flight risk and that the interests of justice would not be served by releasing her early. Consequently, the application for a non-custodial sentence under the decongestion exercise was declined.
Court Disposition
Application for non-custodial sentence declined; applicant to serve sentence to completion.
Orders
- The application for release under the decongestion exercise is declined.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Nagudi v Republic (Criminal Revision 185 of 2024) [2024] KEHC 10869 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10869 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 185 of 2024
DR Kavedza, J
September 17, 2024
Between
Amina Nagudi
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 grievous harm contrary to section 234 of the Penal Code. She was sentenced to serve 5 years imprisonment.
3. A probation report was filed with respect to the applicant. As per the said report, the applicant has 2 years and 7 months left to complete her sentence. The report also indicates that the Applicant has been receptive to rehabilitation while in prison and that she regrets committing the offence.
4. However, the report notes that the Applicant is a foreigner with weak family and community ties, thus making her a flight risk, as she has no permanent residence. The victim, who is the applicant’s ex-husband, is also against her release since he is still traumatised about the ordeal.
5. The report concluded that the Applicant is not suitable for a non-custodial sentence and that she should serve her sentence to completion.
6. According to the findings in the report, it is my view that the Applicant is not suitable to serve a non-custodial sentence. I accordingly decline to release her under the decongestion exercise.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17THDAY OF SEPTEMBER 2024. D. KAVEDZAJUDGE