[2025] KEHC 5921 (KLR)

[2025] KEHC 5921 (KLR)

The court found that the sentence originally imposed on the applicants was extremely lenient and contrary to the mandatory requirements of the law, which prescribes a much harsher penalty for trafficking in narcotic drugs. However, since the prosecution did not appeal or seek review of the sentence, and the court...

Source-derived case information.

Citation
[2025] KEHC 5921 (KLR)
Parties
Applicant: Lucas Manyaki Samwel; Applicant: Abed Marwa Mwiti; Respondent: Republic
Court
High Court
Court Station
High Court at Kilgoris
Jurisdiction
Kenya
Judgment Date
4 April 2025
Case Number
Miscellaneous Application E003 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Application for Non Custodial Sentence After Partial Term Served
Outcome
application dismissed
Judges
CM Kariuki
Legal Topics
Sentencing Principles, Narcotic Offences, Non Custodial Sentences
Source Language
english
Criminal Law Sentencing Principles Narcotic Offences Non Custodial Sentences

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Parties

Lucas Manyaki Samwel

Applicant

Abed Marwa Mwiti

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Non Custodial Sentence After Partial Term Served

Legal Issues

  1. 1 Whether the applicants should be released to serve the remainder of their sentence under a non-custodial order after serving two years imprisonment.
  2. 2 Whether the original sentence imposed was lawful and appropriate under the relevant narcotics legislation.

Ratio Decidendi

The court found that the sentence originally imposed on the applicants was extremely lenient and contrary to the mandatory requirements of the law, which prescribes a much harsher penalty for trafficking in narcotic drugs. However, since the prosecution did not appeal or seek review of the sentence, and the court was not inclined to enhance the sentence suo moto, the court declined to grant the application for release to non-custodial service. The application was found to lack merit and was dismissed accordingly.

Court Disposition

application dismissed

Orders

  • The application for release to serve the remainder of the sentence under a non-custodial order is dismissed.