[2024] KEHC 10934 (KLR)
The court found that the applicant, having been convicted of trafficking in narcotic drugs and sentenced to consecutive terms totaling more than twenty years, with only three years served, does not fall within the category of inmates eligible for non-custodial sentences under the Chief Justice's memo. The probation...
Source-derived case information.
- Citation
- [2024] KEHC 10934 (KLR)
- Parties
- Applicant: Francis Obidimma Okonkwo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 243 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Eligibility for Non Custodial Sentence Under Decongestion Exercise
- Outcome
- application for non-custodial sentence declined
- Judges
- DR Kavedza
- Legal Topics
- Sentencing, Narcotic Drugs Offences, Non Custodial Sentences, Prison Decongestion, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Obidimma Okonkwo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Eligibility for Non Custodial Sentence Under Decongestion Exercise
Legal Issues
- 1 Whether the applicant is eligible for a non-custodial sentence under the Chief Justice's memo dated 7/12/2022.
- 2 Whether the applicant's status as a foreign national and flight risk affects eligibility for non-custodial sentence.
- 3 Whether the applicant has served sufficient portion of his sentence to qualify for the decongestion exercise.
Ratio Decidendi
The court found that the applicant, having been convicted of trafficking in narcotic drugs and sentenced to consecutive terms totaling more than twenty years, with only three years served, does not fall within the category of inmates eligible for non-custodial sentences under the Chief Justice's memo. The probation report further indicated that the applicant is a foreign national without a fixed abode, making him a flight risk and unsuitable for non-custodial release. The court concluded that neither the duration served nor the applicant's circumstances justified deviation from the custodial sentence imposed by the trial court. Accordingly, the application for non-custodial sentence under...
Court Disposition
application for non-custodial sentence declined
Orders
- The application for non-custodial sentence is declined.
- The file shall be returned to the Lower Court for safe custody.
Full Case Text
Judgment text and source record
22 paragraphs
Okonkwo v Republic (Criminal Revision 243 of 2024) [2024] KEHC 10934 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10934 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 243 of 2024
DR Kavedza, J
September 17, 2024
Between
Francis Obidimma Okonkwo
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 three counts of 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. In count 1, he was sentenced to pay a fine of Kshs. 8,020,350/=, in default to serve one year imprisonment, and in addition to serve twelve years imprisonment. In count 2, he was fined Kshs. 1,000,000/= in default to serve one year imprisonment, and in addition to serve ten years imprisonment. In count 3, he was fined Kshs. 1,000,000/= in default to serve one year imprisonment and in addition to serve ten years imprisonment. The sentences were to run consecutively.
3. A Probation Report was filed with respect to the Applicant, indicating that the Applicant has served only three years of his sentence. According to the said report, despite the applicant pleading for a non-custodial sentence, he is a foreign national who lacks a fixed abode in the county, making him a flight risk. The report concluded that the Applicant is not suitable for a non-custodial sentence.
4. It is also noteworthy that the Applicant is yet to serve a majority of his sentence; neither does he fit under the category for those eligible for non-custodial sentences pursuant to the above-mentioned Chief Justice’s memo dated 7/12/2022.
5. As the trial court ordered that the sentences meted against the Applicant are to run consecutively, the Applicant still has more twenty years left to complete his sentence.
6. I therefore find that the Applicant is not eligible for a non-custodial sentence and decline to release him under the decongestion exercise.
7. The file shall be returned back to the Lower Court for safe custody.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. D. KAVEDZAJUDGE