[2018] KEHC 4781 (KLR)
The court found that the applicant had demonstrated genuine remorse, significant behavioural change, and had served a substantial period of her sentence (eight and a half years). The State did not oppose the application. The court considered her age, health, and positive prison record, concluding that she had paid...
Source-derived case information.
- Citation
- [2018] KEHC 4781 (KLR)
- Parties
- Applicant: Sheila Sultana; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 41 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- custodial sentence commuted to period served; applicant to be released and repatriated
- Judges
- LK Kimaru
- Legal Topics
- Sentencing Revision, Narcotics Trafficking, Mitigation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheila Sultana
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's custodial sentence and fine for trafficking narcotic drugs should be revised in light of her age, health, remorse, and exemplary conduct in prison.
- 2 Whether the period already served in custody is sufficient punishment for the offence committed.
Ratio Decidendi
The court found that the applicant had demonstrated genuine remorse, significant behavioural change, and had served a substantial period of her sentence (eight and a half years). The State did not oppose the application. The court considered her age, health, and positive prison record, concluding that she had paid her debt to society. In the interests of justice and rehabilitation, the court commuted her custodial sentence to the period already served and ordered her release and repatriation to her country of origin.
Court Disposition
custodial sentence commuted to period served; applicant to be released and repatriated
Orders
- The applicant's custodial sentence is commuted to the period served.
- The applicant shall be released from prison and handed over to the Directorate of Immigration for repatriation to Pakistan.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.41 OF 2017
SHEILA SULTANA......................................................APPLICANT
VERSUS
REPUBLIC................................................................RESPONDENT
RULING
The Applicant, Sheila Sultana was convicted of trafficking narcotics drugs contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act. The Applicant was found in possession of 11. 054 kilograms of heroin at Jomo Kenyatta International Airport on 28th January 2010. She was sentenced to serve 15 years imprisonment, and further, pay a fine of Kshs.33,162,000/-. The Applicant was sentenced on 10th February 2011. The Applicant has applied to this court seeking to have a revision of sentence. She states that she is old and sickly. She is contrite and remorseful for the offence that she committed. She told the court that she was experiencing hardship in life when she was persuaded to engage in drug trafficking. She pleaded with the court to exercise leniency on her and revise her sentence. The application was not opposed by the State.
This court has carefully considered the facts of the case. The Applicant is not appealing against conviction. In fact she is contrite and remorseful for the offence that she committed. This court has also taken into account the period that the Appellant has been in lawful custody. She has been in prison for eight and a half (81/2) years. During this period, her behaviour has been exemplary while in prison. According to a report presented to court, the Officer In-charge of Langata Women Prison states as follows:
“Sheila Sultana is a Muslim faithful who participates in Muslim activities, well-disciplined in the way she conducts herself. She is the in charge of fellow Muslim inmates. On admission she was stressed and broken. Through intensive counselling and guidance she became stronger and more confident. She actively participates in the ongoing madrassa lessons and spiritual counselling. She has morally and spiritually changed and supports fellow inmates in learning the Quran…Sheila comes through as an all-round and active client who embraces honesty and persons of all backgrounds. This positive approach has seen her get involved in a host of programmes captured in the template above. She seems to have collected herself and have a new zeal for her future especially with the fact that she is now a grandmother. If she remains as positive with the right attitude as she is right now chances are that she will have turn around for better and more responsible life.”
As stated earlier in this Ruling, the State is not opposed to the Applicant’s application of review of sentence. This court notes the Applicant’s age. It has also taken into consideration the behavioural change that she has undergone while in prison. In light of the above circumstances, this court is of the considered view that the Applicant has paid her debts back to the society.
In the premises therefore, her custodial sentence is commuted to the period served. She shall be released from prison and handed over to the Directorate of Immigration so that she can be repatriated back to Pakistan, her country of origin. It is so ordered.
DATED AT NAIROBI THIS 5TH DAY OF JULY 2018
L. KIMARU
JUDGE