Dieter v Republic [2024] KEHC 15707 (KLR)

Dieter v Republic (Criminal Revision 272 of 2024) [2024] KEHC 15707 (KLR) (13 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15707 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 272 of 2024

DR Kavedza, J

December 13, 2024

Between

Rommeswinkel Dieter

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Rommeswinkel Dieter is suitable for consideration of his 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. He was sentenced pay a fine of Kshs. 20 million in addition to serving a sentence of twenty (20) years imprisonment. The sentence was revised to ten (10) years vide Criminal Appeal 6 of 2023.

3. The applicant has served two (2) years three (3) months on his sentence.

4. In my view, the sentence is appropriate for the offense committed and the applicant is not eligible for early release. The applicant is to serve the sentence to completion.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF DECEMBER 2024D. KAVEDZAJUDGE