[2024] KEHC 6404 (KLR)
The court found that the applicant had served almost 10 years in custody, demonstrated remorse, and undergone significant rehabilitation, as evidenced by the favourable probation report and her conduct in prison. The court determined that the time already served was an adequate sentence under the circumstances,...
Source-derived case information.
- Citation
- [2024] KEHC 6404 (KLR)
- Parties
- Applicant: Mellen Gesare Rueben; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 95 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for sentence revision allowed; applicant released on time served
- Judges
- DR Kavedza
- Legal Topics
- Wildlife Offences, Sentencing Revision, Possession of Wildlife Trophy, Rehabilitation and Reintegration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mellen Gesare Rueben
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence revision based on time served and rehabilitation.
- 2 Whether a non-custodial sentence is appropriate given the applicant's circumstances.
Ratio Decidendi
The court found that the applicant had served almost 10 years in custody, demonstrated remorse, and undergone significant rehabilitation, as evidenced by the favourable probation report and her conduct in prison. The court determined that the time already served was an adequate sentence under the circumstances, making her eligible for early release. The court thus ordered her immediate release unless otherwise lawfully held.
Court Disposition
application for sentence revision allowed; applicant released on time served
Orders
- The applicant is released forthwith unless otherwise lawfully held.
- Time served is deemed adequate sentence under the circumstances.
Full Case Text
Judgment text and source record
20 paragraphs
Rueben v Republic (Criminal Revision 95 of 2023) [2024] KEHC 6404 (KLR) (4 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6404 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 95 of 2023
DR Kavedza, J
June 4, 2024
Between
Mellen Gesare Rueben
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for two counts for the offence of being in possession of wildlife trophy contrary to section 95 of the Wildlife Conservation and Management Act, 2013. In count I, she was sentenced to pay a fine of Kshs. 1 million in default to serve 3 years imprisonment while in count II, she was sentenced to pay a fine of Kshs. 2 million in default to serve 5 years imprisonment.
2. He has filed an application for sentence revision, stating that she has been in custody since 2014, totalling almost 10 years during which she has undergone rehabilitation. She is a mother aged 50 years and facing health related issues. prayed for early release to aid her reintegration into society. She prayed for a non-custodial sentence.
3. This court called for probation report which was favourable.The report indicates that the applicant is remorseful for the crime committed. As for her conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in her rehabilitation process. The applicant’s family is also committed to helping her effectively rehabilitate and ensure successful reintegration into the community.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release. I therefore find the time served as adequate sentence under the circumstances.
5. The applicant is released forthwith unless otherwise lawfully held.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DAY OF JUNE 2024. ..................D. KAVEDZAJUDGE