Chesmet v Republic [2024] KEHC 14752 (KLR)

Chesmet v Republic (Criminal Revision E491 of 2024) [2024] KEHC 14752 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14752 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E491 of 2024

PN Gichohi, J

November 25, 2024

Between

Abdallah Kipsigei Chesmet

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.

2. The Applicant (Abdallah Kipsigei Chesmet) was charged in Molo MCCR E672 of 2021 with the offence of Being in possession of a firearm without a licence contrary to Section 4A(1)(a) of the Firearm Act.

3. The particulars are that on 13th March, 2021 at Chepkosa area Kuresoi North Sub County within Nakuru County, was found being unlawfully in possession of a firearm namely Germany Webley Long Barrel Revolver.

4. He pleaded not guilty and proceeded on trial where he was found guilty and was sentenced to pay a fine of Ksh.70,000/= in default twelve (12) months imprisonment.

5. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order to serve the reminder of his sentence at Kuresoi Police Station.

6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Kuresoi Police Station.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant