Lushola v Republic [2022] KEHC 12222 (KLR)

Lushola v Republic (Criminal Revision E396 of 2021) [2022] KEHC 12222 (KLR) (Crim) (21 July 2022) (Judgment)

Neutral citation: [2022] KEHC 12222 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Revision E396 of 2021

JM Bwonwong'a, J

July 21, 2022

Between

Hellen Kavetsa Lushola

Applicant

and

Republic

Respondent

(Being an application for revision of the sentence of Hon. L.O. Onyina, CM, dated 27th/06/2019, Hellen Kavetsa Lushiola v Republic)

Judgment

The case for the applicant 1. The applicant has applied for revision of her sentence of a fine of seven million shillings (Shs 7,000,000/-) in default to serve one year imprisonment in respect of 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. Additionally, the applicant was also sentenced to twelve years imprisonment.

2. The applicant applied under certificate of urgency in which she stated that the two years she had been in pre-trial remand custody was not taken into account by the lower court as required by section 333 (2) of the Criminal Procedure Code (Cap 75) Laws of Kenya, in respect of her sentence.

3. In support of her application, the applicant has stated that she is a young woman aged 32 years with three young children aged 12, 9 and 6 years; who entirely depend upon her. She has further stated that she has acquired skills in hair plaiting, shaving, pedicure and manicure. She has also stated that she has acquired skills in cross stitch and environment.

4. Furthermore, she has stated that she has undergone counselling and spiritual guidance and that she able to control her emotions.

The case for the respondent. 5. Counsel for the respondent (Ms Edna Ntabo), has submitted that the period the applicant was in pre-trial custody was taken into account during sentencing by the lower court.

6. I have perused the record of the trial court in particular the sentencing notes of the court. As a result, I find that the period during which the appellant was in custody was taken into account by the lower court.

7. In the premises, I find that the application lacks merit and is hereby dismissed in its entirety.

RULING SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THROUGH VIDEO CONFERENCE ON THIS 21ST DAY OF JULY 2022. J M BWONWONG’AJUDGEIn the presence of-Mr. Kinyua: Court AssistantThe applicant in personMs Edna Ntabo for the Republic/Respondent