Kamau v Republic [2024] KEHC 6402 (KLR)

Kamau v Republic (Criminal Revision 77 of 2023) [2024] KEHC 6402 (KLR) (4 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6402 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 77 of 2023

DR Kavedza, J

June 4, 2024

Between

Lydia Wanjiku Kamau

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 ten years imprisonment in addition to payment of a fine of 2,000,000 in default to serve 12 months imprisonment.

2. He has filed an application for sentence revision, stating that she has been in custody since 2017, totalling over 6 years, during which she has undergone rehabilitation. At 68 years old, she is a mother of two and a grandmother, facing age-related health issues. She prayed for early release to aid her reintegration into society.

3. This court called for probation report which was favourable.The report indicates that the applicant is remorseful for the offence committed. As for her conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in her rehabilitation process. The applicant’s family is also committed to helping her effectively rehabilitate and ensure successful reintegration into the community.

4. In view of the foregoing, it is my finding that the applicant is eligible for early release. I therefore find the time served as adequate sentence under the circumstances.

5. The applicant is released forthwith, and is directed to report to Kibera Probation Office for a period of eight (8) months for purposes of reintegration back into society.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 4THDAY OF JUNE 2024________________D. KAVEDZAJUDGE