Njaramba v Republic [2024] KEHC 3997 (KLR)

Njaramba v Republic (Criminal Revision 72 of 2024) [2024] KEHC 3997 (KLR) (4 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3997 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 72 of 2024

DR Kavedza, J

April 4, 2024

Between

George Mungai Njaramba

Applicant

and

Republic

Respondent

Ruling

1. I have gone through the file and I note that the sentence imposed against the applicant was passed on 07/03/2022. The applicant is supposed to serve one (1) year imprisonment in default of paying a fine of Kshs. 1,000,000/-, and to further serve four (4) years’ imprisonment 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 has so far served two (2) years and one (1) month since the date of sentencing.

2. I further note that the applicant was released on surety bond on 22/03/2016 but was later arrested and remanded on 4/12/2017 after absconding court attendance. The applicant’s bond terms were later reinstated, he was released on 3/7/2018 and was out until the matter was concluded. The applicant was therefore in custody for about 2 years and 4 months.

3. The record of proceedings shows that the applicant was a first offender and spent 2 years and 4 months in custody before his conviction. After his conviction, he has spent about 2 years and 1 month in prison. Cumulatively, the applicant has spent over 4 years and 5 months in custody. This, in my view, is sufficient sentence served by the applicant.

4. In the end, this application is allowed. I set aside the cumulative five (5) year custodial sentence imposed by the trial court and substitute it with an order that the applicant has served a sufficient sentence.

5. The applicant should forthwith be set at liberty unless otherwise lawfully held.

It is so ordered.

RULING DELIVERED THIS DAY 4TH DAY OF APRIL 2024. ________________D. KAVEDZAJUDGE