ANN WAMBUI OCHIENG' VS The Republic ANN WAMBUI OCHIENG' VS The Republic

The applicant in this matter was charged with the offence of murder contrary to Section 203 as read with 204 of the Penal Code.
the Applicant entered into a Plea Bargain with the state and the charge was reduced to that of manslaughter Contrary to Section 202 as read with 205 of the Penal Code.
The Honourable Lady Justice Mutende in sentencing the Accused to 7 years imprisonment stated:-“

“The accused person has spent two years in custody and has urged that she has rehabilitated. The probation officer has not addressed this court on her efforts or successful rehabilitation in the two year period she has been in remand. The probation officer indicated an intention to commence her rehabilitation process once she is released on a non-custodial sentence. Therefore, there is no evidence that she has reformed during the two year period she was in custody.”

The learned Honourable Judge sent her to prison for 7 years to further deterrence, retribution and reformation.
The Applicant was jailed on 16^th December 2021 and she has told the Court that she is due for release next year in August.
The court takes judicial notice of the fact that persons who were serving less than 3 years imprisonment terms recently benefited from presidential clemency. The court is of the view that a person left with basically a year and a few months to complete sentence would benefit from review of sentence. If the fact of imprisonment was aimed at deterrence they have by now learned the lesson they needed to learn.
It is highly unlikely a person who has been in custody for almost five years post-conviction would benefit from imprisonment in terms of rehabilitation if that has not already been achieved.
The court is alive to the prison conditions in the country and the need to decongest them. The applicant has told the court that she is now reformed and understands the need to avoid engaging in crime once released.
She also appeared remorseful to the court when she argued the application for resentencing.
The court will therefore give her a new lease of life out there to go and try reconstructing her life.
Consequently, her Notice of Motion dated 19^th November 2024 seeking the review of sentence is allowed. The period of 7 years imprisonment is reviewed to the period already served.
The applicant shall be released immediately unless otherwise lawfully held.