Elemu v Republic [2024] KEHC 13360 (KLR)

Elemu v Republic (Criminal Revision 249 of 2024) [2024] KEHC 13360 (KLR) (30 September 2024) (Ruling)

Neutral citation: [2024] KEHC 13360 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 249 of 2024

DR Kavedza, J

September 30, 2024

Between

Festus Chibueze Elemu

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Festus Chibueze Elemu is suitable for consideration of their 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 of narcotic drugs contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. He was sentenced to pay a fine of kshs33,300,000, in default to serve 1-year imprisonment. In addition, she was sentenced to twelve (12) years imprisonment.

3. Applicant has only served six months of his sentence of thirteen (13) years imprisonment. In my view I find no good cause or reason to revise the sentence imposed.

4. The application dismissed for lacking in merit.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF SEPTEMBER 2024. ............................D. KAVEDZAJUDGE