[2024] KEHC 10941 (KLR)
The court found that the applicant, having been convicted for possession of narcotic drugs and sentenced to a fine or imprisonment, was eligible for consideration under the Chief Justice's decongestion memo. The probation report was favorable, indicating the applicant's remorse, positive response to rehabilitation,...
Source-derived case information.
- Citation
- [2024] KEHC 10941 (KLR)
- Parties
- Applicant: Samuel Macharia Wanjiku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 169 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence revised to non-custodial community service
- Judges
- DR Kavedza
- Legal Topics
- Narcotic Drugs Possession, Sentencing Review, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Macharia Wanjiku
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and circumstances support a revision of the custodial sentence.
Ratio Decidendi
The court found that the applicant, having been convicted for possession of narcotic drugs and sentenced to a fine or imprisonment, was eligible for consideration under the Chief Justice's decongestion memo. The probation report was favorable, indicating the applicant's remorse, positive response to rehabilitation, and family support for reintegration. On this basis, the court determined that the applicant met the criteria for a non-custodial sentence and ordered that he be placed on community service for six months under supervision, replacing the custodial sentence.
Court Disposition
custodial sentence revised to non-custodial community service
Orders
- The applicant is placed on community service for six months at Waithaka Chief’s Camp under the supervision of Waithaka Location chief.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Wanjiku v Republic (Criminal Revision 169 of 2024) [2024] KEHC 10941 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10941 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 169 of 2024
DR Kavedza, J
September 17, 2024
Between
Samuel Macharia Wanjiku
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. I have gone through the file and noted that applicant was convicted by the trial court on his own plea of guilty for the offence of being in possession of narcotic drugs contrary to section 3(1) as read with 3(2) (a) of the Narcotic and Psychotropic Act No. 4 of 1994. He was sentenced to a pay a fine of Kshs. 50,000/= in default to serve 12 months imprisonment.
3. A probation report was filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison and he is remorseful about committing the offence. His family is also willing to support his reintegration.
4. The findings in the probation report are in favour of the applicant and I accordingly find that he is eligible for a non-custodial sentence.
5. I therefore order that the applicant be placed on community service for twelve (6) months at Waithaka Chief’s Camp, under the supervision of Waithaka Location chief.
6. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ................................................D. KAVEDZAJUDGE