Chege v Republic [2024] KEHC 12611 (KLR)

Chege v Republic (Criminal Revision 48 of 2024) [2024] KEHC 12611 (KLR) (14 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12611 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 48 of 2024

DR Kavedza, J

October 14, 2024

Between

Lucy Nduta Chege

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and 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 sentenced to serve 20 years imprisonment in addition to pay a fine of 30 million in default to serve 1-year imprisonment. Being aggrieved, she filed an appeal which was dismissed by Ogembo J on 8th March 2022.

2. The applicant has now filed an application dated 18th September 2024 seeking sentence review. The application is supported by an affidavit sworn by the applicant.

3. The applicant averred that she is remorseful; she was only 22 years old at the time of arrest and a single mother of an infant; she has been rehabilitated; her child deserves care and protection and she is ready to be integrated back into society.

4. I have considered the application, the affidavit in support and the applicable law.

5. This matter having already been dealt with a court of concurrent jurisdiction, this court is functus officio. In addition, the application for sentence review is found to be lacking in merit and is dismissed.

6. The applicant is directed not to file a similar application without leave of court.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 14TH DAY OF OCTOBER, 2024. ...........................D. KAVEDZAJUDGE