Okoye v Republic [2024] KEHC 1505 (KLR)

Okoye v Republic (Criminal Revision 83 of 2023) [2024] KEHC 1505 (KLR) (15 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1505 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 83 of 2023

DR Kavedza, J

February 15, 2024

Between

Princess Okoye

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. He was sentenced to pay a fine of Kshs. 9,421,839 in default to serve one-year imprisonment. In addition, he was sentenced to serve 10 years imprisonment. He was also to be deported to his country of origin after the conclusion of his sentence. He filed an appeal which was heard and determined by Bwonwong’a J (rtd) and judgement delivered on 18th October 2022.

2. The applicant has now filed an application seeking a revision of sentence in consideration of section 333 (2) of the Criminal Procedural Code. The application is supported by an affidavit sworn by the applicant.

3. I have considered the application, the affidavit in support and the applicable law. The issue for consideration is whether the time spent in remand custody was considered in computation of the applicant’s sentence. I have perused the entire record and note that the same was considered by the decision of Bwonwong’a J (rtd) on appeal.

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

RULING DATED AND DELIVERED VIRTUALLY THIS 15TH DAY OF FEBRUARY 2024. .............................D. KAVEDZAJUDGE