[2025] KEHC 3719 (KLR)
The court found that the applicant, Princess Okoye, was not eligible for early release or sentence review under the Chief Justice Memo on prison decongestion because, according to the probation report, she still had six years and one month left to serve on her sentence. The eligibility criterion requires that an...
Source-derived case information.
- Citation
- [2025] KEHC 3719 (KLR)
- Parties
- Applicant: Princess Okoye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 365 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Eligibility
- Outcome
- Application for sentence review and early release dismissed.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Princess Okoye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Eligibility
Legal Issues
- 1 Whether the applicant is eligible for early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant's remaining sentence qualifies her for sentence review.
Ratio Decidendi
The court found that the applicant, Princess Okoye, was not eligible for early release or sentence review under the Chief Justice Memo on prison decongestion because, according to the probation report, she still had six years and one month left to serve on her sentence. The eligibility criterion requires that an applicant have a balance of three years or less remaining on their sentence. Since the applicant did not meet this threshold, the court declined to grant the sentence review or early release sought.
Court Disposition
Application for sentence review and early release dismissed.
Orders
- The applicant is not eligible for early release.
- No orders as to sentence review are granted.
Full Case Text
Judgment text and source record
20 paragraphs
Okoye v Republic (Criminal Revision 365 of 2024) [2025] KEHC 3719 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3719 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 365 of 2024
DR Kavedza, J
March 26, 2025
Between
Princess Okoye
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Princess Okoye is suitable for consideration of her sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted for the offence of Trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. She was sentenced on 22nd December 2020 to pay a fine of Ksh.9,421,839/- in default to serve a one-year imprisonment for count I and a fine of Ksh.1,908,165/- in default to serve a one-year imprisonment for count II.
3. In addition, she was sentenced to serve ten (10) years imprisonment. All the sentences were to run consecutively starting from 11th March 2019.
4. According to the probation report dated 3rd February 2025 on record the Applicant has served five years and eleven months of her sentence. The Applicant still has six years and one month left to serve and does not have a balance of 3 years on her sentence.
5. I therefore find that the Applicant is not eligible for early release.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025D. KAVEDZAJUDGE