[2024] KEHC 15771 (KLR)
The court found that the applicant, having served only two years and three months of a twenty-year sentence for trafficking narcotic drugs, did not demonstrate any good cause or compelling reason to warrant a revision of his sentence. The court emphasized that the seriousness of the offence and the short duration...
Source-derived case information.
- Citation
- [2024] KEHC 15771 (KLR)
- Parties
- Applicant: Kelvin Owino Odenya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 239 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Narcotic Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Owino Odenya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review and early release under the Chief Justice Memo on prison decongestion.
- 2 Whether there is good cause to revise the sentence imposed for trafficking narcotic drugs.
Ratio Decidendi
The court found that the applicant, having served only two years and three months of a twenty-year sentence for trafficking narcotic drugs, did not demonstrate any good cause or compelling reason to warrant a revision of his sentence. The court emphasized that the seriousness of the offence and the short duration served did not justify early release, even in the context of the Chief Justice Memo on prison decongestion. Consequently, the application for sentence review was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed for lack of merit.
- The applicant is not eligible for early release.
Full Case Text
Judgment text and source record
20 paragraphs
Odenya v Republic (Criminal Revision 239 of 2024) [2024] KEHC 15771 (KLR) (13 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15771 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 239 of 2024
DR Kavedza, J
December 13, 2024
Between
Kelvin Owino Odenya
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Kelvin Owino is suitable for consideration of their sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted on 16th August 2022 for the offence of trafficking narcotic drugs contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. He was sentenced to twenty (20) years imprisonment.
3. Applicant has only served two years and three month of his sentence of twenty (20) years imprisonment.
4. In my view I find no good cause or reason to revise the sentence imposed. The applicant is therefore not eligible for early release.
5. The application dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF DECEMBER 2024. D. KAVEDZAJUDGE