[2024] KEHC 13247 (KLR)
The court found that the applicant, having demonstrated rehabilitation through participation in trainings and counselling while in custody and suffering health complications, would benefit more from a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the custodial sentence with...
Source-derived case information.
- Citation
- [2024] KEHC 13247 (KLR)
- Parties
- Applicant: Daniel Okulo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 167 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant released on probation
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Narcotic Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Okulo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence from a custodial to a non-custodial sentence.
- 2 Whether the applicant's health and rehabilitation efforts justify a non-custodial sentence.
Ratio Decidendi
The court found that the applicant, having demonstrated rehabilitation through participation in trainings and counselling while in custody and suffering health complications, would benefit more from a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the custodial sentence with probation, emphasizing the importance of rehabilitation over incarceration for non-violent drug offences. The applicant was thus released on probation for two years, subject to police supervision and with the condition that any further related offence would result in re-arrest and completion of the original sentence.
Court Disposition
sentence revised; applicant released on probation
Orders
- The applicant is released on probation for a period of two years.
- If the applicant commits a related offence during probation, he shall be re-arrested and required to complete the original sentence imposed by the trial court.
Full Case Text
Judgment text and source record
19 paragraphs
Okulo v Republic (Criminal Revision 167 of 2024) [2024] KEHC 13247 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13247 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 167 of 2024
DR Kavedza, J
October 29, 2024
Between
Daniel Okulo
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of being in possession of narcotics drugs contrary to section 3(1) as read with 3(2) of the Narcotic Drugs and Psychotropic Substance Control Act, No. 4 of 1994 to wit 20 rolls of cannabis with a street value of Kshs. 2000. He was sentenced to serve five (5) years imprisonment.
2. He has now filed an application seeking revision of sentence. He filed an affidavit in support of his motion. The averments made are that since his incarceration he has suffered from health complications. He urged the court to issue a non-custodial sentence. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process.
3. In view of the foregoing, it is my finding that the applicant would benefit from a non-custodial sentence to undergo rehabilitation and counselling.
4. I hereby make the following orders:I.The applicant is released on probation for a period of two (2) yearsII.If he commits a related offence during his probation, he shall be re-arrested and required to complete the original sentence imposed by the trial court.III.The applicant shall be subject to police supervision by the Anti-Narcotics Unit during the period under probation and shall report to the investigating officer every month.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29THDAY OF OCTOBER 2024D. KAVEDZAJUDGE