[2023] KEHC 22186 (KLR)
The court found that the applicant had already served a significant portion of her sentence (one year and five months) and that the sentence review report was favorable to her being placed on probation. Factoring in remission, the remaining custodial term was minimal. The court exercised its discretion to review the...
Source-derived case information.
- Citation
- [2023] KEHC 22186 (KLR)
- Parties
- Applicant: Racheal Onyango Opeth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E043 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- sentence reviewed and substituted with probation
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing Review, Probation Orders, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Racheal Onyango Opeth
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence for trafficking in narcotic drugs should be reviewed and substituted with a probation order.
- 2 Whether the period already served in custody and the sentence review report justify a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had already served a significant portion of her sentence (one year and five months) and that the sentence review report was favorable to her being placed on probation. Factoring in remission, the remaining custodial term was minimal. The court exercised its discretion to review the sentence, substituting the remainder of the custodial sentence with a 12-month probation order, considering the interests of justice and rehabilitation.
Court Disposition
sentence reviewed and substituted with probation
Orders
- The applicant's sentence is reviewed to 12 months on probation.
Full Case Text
Judgment text and source record
20 paragraphs
Opeth v Republic (Miscellaneous Criminal Application E043 of 2023) [2023] KEHC 22186 (KLR) (3 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22186 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E043 of 2023
A. Ong’injo, J
August 3, 2023
Between
Racheal Onyango Opeth
Applicant
and
Republic
Respondent
Ruling
1. The applicant was sentenced to serve 4 years in prison for the offence of trafficking in narcotic drugs contrary to Section 4 (a) of theNarcotic Drugs and Psychotropic Substances Control Act No 4 of 1994 on August 19, 2022.
2. She was arraigned in court on March 3, 2022 and she was not released on bond. The trial was however expedited and concluded on August 19, 2022.
3. The sentence review report was filed on July 24, 2023 and it is in favour of the applicant being placed on probation to complete the remainder of her service.
4. Considering that she has been in custody since March 3, 2022, and has therefore been in custody for one year and 5 months, if remission is factored in her sentence, it means she remains with one year and one month to complete her term.
5. The applicant’s sentence is reviewed to 12 months on probation.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 3RD DAY OF AUGUST 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -_Ogwel- Court AssistantMr. Ngiri for the RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE