[2024] KEHC 9832 (KLR)
The court found that the applicant, having a remaining sentence of two years and four months, falls within the category eligible for sentence revision under the Chief Justice's decongestion memo. The applicant demonstrated remorse, rehabilitation, and good conduct in prison, as evidenced by the prison report and...
Source-derived case information.
- Citation
- [2024] KEHC 9832 (KLR)
- Parties
- Applicant: Jackline Ahimidiwe Swai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 78 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant released forthwith unless otherwise lawfully held
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Narcotic Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Ahimidiwe Swai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for sentence revision under the Chief Justice's decongestion memo.
- 2 Whether the time already served by the applicant is sufficient punishment for the offence of trafficking in narcotic drugs.
Ratio Decidendi
The court found that the applicant, having a remaining sentence of two years and four months, falls within the category eligible for sentence revision under the Chief Justice's decongestion memo. The applicant demonstrated remorse, rehabilitation, and good conduct in prison, as evidenced by the prison report and participation in trainings and counselling. The court determined that the time already served is an adequate sentence in the circumstances and ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
application allowed; applicant released forthwith unless otherwise lawfully held
Orders
- The applicant is released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Swai v Republic (Criminal Revision 78 of 2023) [2024] KEHC 9832 (KLR) (29 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9832 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 78 of 2023
DR Kavedza, J
July 29, 2024
Between
Jackline Ahimidiwe Swai
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. The applicant was charged and convicted for the offence of trafficking in Narcotic Drugs Contrary to Section 4(a) of the Narcotic Drugs and Pyschotropic Substances (Control) Act No. 4 of 1994. She was sentenced to serve eleven (11) years imprisonment. The sentence was reduced to eight (8) years and eight (8) months on appeal. She currently has two years and four months left to serve.
3. She filed the present application seeking revision of sentence. The grounds raised are that she is remorseful, she is the sole breadwinner in a family of three children. She urged the court to find the time served as appropriate sentence.
4. From the record, the applicant has a balance of two years and four months in her sentence. The prison report on record indicates that the applicant remorseful and has been rehabilitated. 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.
5. 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.
6. The applicant is released forthwith unless otherwise lawfully held.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29THDAY OF JULY 2024. ________________D. KAVEDZAJUDGE