[2011] KEHC 3438 (KLR)
The court found that the accused, Rita Kabagendi, was eligible for a community service order because her remaining sentence was less than three years and the quantity of cannabis sativa involved was minimal and of negligible value. The court determined that there was no impropriety on the part of the probation...
Source-derived case information.
- Citation
- [2011] KEHC 3438 (KLR)
- Parties
- Applicant: Republic; Respondent: Rita Kabagendi
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 155 of 2010
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- accused to be released unless otherwise lawfully held
- Judges
- DO Ohungo
- Legal Topics
- Sentence Revision, Possession of Narcotics, Eligibility for Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Rita Kabagendi
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the accused qualifies for a community service order given the remaining sentence and the nature of the offence.
- 2 Whether there was any impropriety or error in the probation officer's report or the court's previous order.
Ratio Decidendi
The court found that the accused, Rita Kabagendi, was eligible for a community service order because her remaining sentence was less than three years and the quantity of cannabis sativa involved was minimal and of negligible value. The court determined that there was no impropriety on the part of the probation officer who prepared the report and made the recommendation for community service. Furthermore, the court found no error in its previous order. As a result, the accused should not be held in custody in relation to the criminal case that was the subject of this revision and must be released unless otherwise lawfully held.
Court Disposition
accused to be released unless otherwise lawfully held
Orders
- The accused, Rita Kabagendi, must be released forthwith unless otherwise lawfully held.
- Leave to appeal against this order is granted to any dissatisfied party.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
CRIMINAL REVISION NO. 155 OF 2010
REPUBLIC.......................................................................................................APPLICANT/APPLICANT
VERSUS
RITA KABAGENDI............................................................................................ACCUSED/APPLICANT
RULING ON REVISION
The accused’s name featured in a list generated from Malindi G. K. prison and the accused’s name was in the list. It showed she had a balance of 2 years 9 months to serve as per letter dated 13th August 2010, signed by B. M. Mutunga (the OC Malindi G. K. prisons).
The accused was charged with the offence of being in possession of one medium roll of cannabis sativa worth kshs. 40/-. From the letter dated 9th August 2010 written by L N Mugambi, the National co-ordinator, CSO, addressed to the Commissioner of Prisons, those to be included in the exercise were inmates serving sentences of more than three years but remaining with LESS than three years to serve except those involved in inter alia drug offences relating to large quantities.
This then meant that accused qualified for CSO because;
(a)The balance of the term she had of her jail sentence was less than three years – that figure having been given by the prison.
(b)The quantity of the drug was so small and its value was negligible.
On account of these two observations, there was no improprietary on the part of the probation officer who prepared the report and made the recommendation.
There was also no error by this court, as I had earlier assumed. In the event that any one individual or institution is dissatisfied with the exercise carried out by this court, I grant leave to appeal against the order. In the meantime, there is no reason why accused should be held in custody in relation to the criminal case no. 150 of 2009 which was revised in criminal revision no. 155 of 2010, whatsoever. She must be released forthwith unless otherwise lawfully held.
Dated and delivered this 22nd day of March 2011
H. A. OMONDI
JUDGE