Ali v Republic [2025] KEHC 3731 (KLR)

Ali v Republic (Criminal Revision 361 of 2024) [2025] KEHC 3731 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3731 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 361 of 2024

DR Kavedza, J

March 26, 2025

Between

Yusuf Bilal Ali

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Yusuf Bilal Ali is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022. 1.The applicant was convicted with another for the offence of Trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. He was sentenced on 27th May 2021 to pay a fine of Ksh.37,350,000/- in default to serve a one-year imprisonment. In addition, he was sentenced to serve thirty-five (35) years imprisonment. All the sentences were to run consecutively starting from 27th May 2021. On appeal, his sentence was substituted with a term of eleven (11) years to run from the date of conviction.2. According to the probation report dated 4th February 2025 on record the Applicant has served 3 years and 8 months of his sentence.3. I find that the Applicant is not eligible for a non-custodial sentence due to the seriousness of the offence and I decline to release him on a non-custodial sentence.

RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025. ________________D. KAVEDZAJUDGE