[2024] KEHC 11561 (KLR)
The court found that the applicant had demonstrated good behaviour, participated in rehabilitation, and shown remorse during her incarceration. Both the Probation and Prison Reports recommended her for early release. The court held that, in light of the Chief Justice Memo on prison decongestion and the positive...
Source-derived case information.
- Citation
- [2024] KEHC 11561 (KLR)
- Parties
- Applicant: Rosemary Wesonga Wakhisi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 206 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- application for sentence review allowed; applicant released early
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosemary Wesonga Wakhisi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is eligible for early release under the prison decongestion initiative.
- 2 Whether the sentence already served by the applicant is sufficient in the circumstances.
Ratio Decidendi
The court found that the applicant had demonstrated good behaviour, participated in rehabilitation, and shown remorse during her incarceration. Both the Probation and Prison Reports recommended her for early release. The court held that, in light of the Chief Justice Memo on prison decongestion and the positive reports, the sentence already served was sufficient. The applicant was therefore eligible for early release and ordered to report to the Probation Office for reintegration.
Court Disposition
application for sentence review allowed; applicant released early
Orders
- The applicant Rosemary Wesonga Wakhisi is released forthwith.
- The applicant is directed to report to Kibera Probation Office for purposes of reintegration back into society.
Full Case Text
Judgment text and source record
20 paragraphs
Wakhisi v Republic (Criminal Revision 206 of 2024) [2024] KEHC 11561 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11561 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 206 of 2024
DR Kavedza, J
September 30, 2024
Between
Rosemary Wesonga Wakhisi
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Rosemary Wesonga Wakhisi is suitable for consideration of her sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted for the offence of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. She was 10 years imprisonment in addition to paying a fine in default to serve an additional 1 year.
3. According to the Recommendation Report from prison dated 7th August 2024, the Applicant has been of good behaviour since her admission to prison. The Probation Report filed in court indicates that the applicant has been receptive to Rehabilitation programs while in prison. Additionally, the report indicates that the applicant is remorseful and prays that she be granted an early release. Furthermore, he has two (2) years and eight (8) months left in her sentence considering remission.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the both the Probation and Prison Reports found in his favour. This, in my view, is sufficient sentence served by the applicant.
5. The applicant Rosemary Wesonga Wakhisi is released forthwith, and is directed to report to Kibera Probation Office for purposes of reintegration back into society.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 30THDAY OF SEPTEMBER 2024D. KAVEDZAJUDGE