Miscellaneous Criminal Application E043 of 2023

Case Metadata
Case Number:	Miscellaneous Criminal Application E043 of 2023
Parties:	Opeth v Republic
Date Delivered:	03 Aug 2023
Case Class:
Court:	High Court at Mombasa
Case Action:	Ruling
Judge(s):	Anne Colleta Apondi Ong’injo
Citation:	Opeth v Republic (Miscellaneous Criminal Application E043 of 2023) [2023] KEHC 22186 (KLR) (3 August 2023) (Ruling)
Advocates:	Mr. Ngiri for Respondent
Court Division:	Criminal
County:	Mombasa
Advocates:	Mr. Ngiri for Respondent
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

Opeth v Republic

Date Delivered:

03 Aug 2023

Case Class:

Court:

High Court at Mombasa

Case Action:

Ruling

Judge(s):

Anne Colleta Apondi Ong’injo

Citation:

Opeth v Republic (Miscellaneous Criminal Application E043 of 2023) [2023] KEHC 22186 (KLR) (3 August 2023) (Ruling)

Advocates:

Mr. Ngiri for Respondent

Court Division:

Criminal

County:

Mombasa

Advocates:

Mr. Ngiri for Respondent

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Opeth v Republic (Miscellaneous Criminal Application E043 of 2023) [2023] KEHC 22186 (KLR) (3 August 2023) (Ruling)

Neutral citation: [2023] KEHC 22186 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application E043 of 2023

A. Ong’injo, J

August 3, 2023

Between

Racheal Onyango Opeth

Applicant

and

Republic

Respondent

Ruling

1.The applicant was sentenced to serve 4 years in prison 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 on August 19, 2022.

2.She was arraigned in court on March 3, 2022 and she was not released on bond. The trial was however expedited and concluded on August 19, 2022.

3.The sentence review report was filed on July 24, 2023 and it is in favour of the applicant being placed on probation to complete the remainder of her service.

4.Considering that she has been in custody since March 3, 2022, and has therefore been in custody for one year and 5 months, if remission is factored in her sentence, it means she remains with one year and one month to complete her term.

5.The applicant’s sentence is reviewed to 12 months on probation.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 3^RD DAY OF AUGUST 2023HON. LADY JUSTICE A. ONG’INJOJUDGE In the presence of: -_Ogwel- Court AssistantMr. Ngiri for the RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE

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