[2024] KEHC 3997 (KLR)
The court found that the applicant, a first offender, had cumulatively spent over four years and five months in custody, including both pre-conviction and post-conviction periods. This period was deemed sufficient punishment for the offence of trafficking in narcotic drugs under section 4(a) of the Narcotic Drugs...
Source-derived case information.
- Citation
- [2024] KEHC 3997 (KLR)
- Parties
- Applicant: George Mungai Njaramba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 72 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; custodial sentence set aside; applicant to be released unless otherwise lawfully held.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Narcotic Offences, Custodial Sentence, Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mungai Njaramba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to conviction and after sentencing should be considered in determining sufficiency of sentence for the offence of trafficking in narcotic drugs.
- 2 Whether the applicant has served a sufficient sentence warranting release.
Ratio Decidendi
The court found that the applicant, a first offender, had cumulatively spent over four years and five months in custody, including both pre-conviction and post-conviction periods. This period was deemed sufficient punishment for the offence of trafficking in narcotic drugs under section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act. The court exercised its revisionary jurisdiction to set aside the remaining custodial sentence, holding that continued incarceration would not serve the interests of justice given the time already served and the applicant's status as a first offender.
Court Disposition
application allowed; custodial sentence set aside; applicant to be released unless otherwise lawfully held.
Orders
- The cumulative five-year custodial sentence imposed by the trial court is set aside.
- It is substituted with an order that the applicant has served a sufficient sentence.
Full Case Text
Judgment text and source record
21 paragraphs
Njaramba v Republic (Criminal Revision 72 of 2024) [2024] KEHC 3997 (KLR) (4 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3997 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 72 of 2024
DR Kavedza, J
April 4, 2024
Between
George Mungai Njaramba
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and I note that the sentence imposed against the applicant was passed on 07/03/2022. The applicant is supposed to serve one (1) year imprisonment in default of paying a fine of Kshs. 1,000,000/-, and to further serve four (4) years’ imprisonment 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 has so far served two (2) years and one (1) month since the date of sentencing.
2. I further note that the applicant was released on surety bond on 22/03/2016 but was later arrested and remanded on 4/12/2017 after absconding court attendance. The applicant’s bond terms were later reinstated, he was released on 3/7/2018 and was out until the matter was concluded. The applicant was therefore in custody for about 2 years and 4 months.
3. The record of proceedings shows that the applicant was a first offender and spent 2 years and 4 months in custody before his conviction. After his conviction, he has spent about 2 years and 1 month in prison. Cumulatively, the applicant has spent over 4 years and 5 months in custody. This, in my view, is sufficient sentence served by the applicant.
4. In the end, this application is allowed. I set aside the cumulative five (5) year custodial sentence imposed by the trial court and substitute it with an order that the applicant has served a sufficient sentence.
5. The applicant should forthwith be set at liberty unless otherwise lawfully held.
It is so ordered.
RULING DELIVERED THIS DAY 4TH DAY OF APRIL 2024. ________________D. KAVEDZAJUDGE