Gachu v Republic [2024] KEHC 6626 (KLR)

Gachu v Republic (Criminal Revision E163 of 2024) [2024] KEHC 6626 (KLR) (6 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6626 (KLR)

Republic of Kenya

In the High Court at Eldoret

Criminal Revision E163 of 2024

RN Nyakundi, J

June 6, 2024

Between

David Gachu

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with the offence of being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2) (a) of the Narcotic Drugs And Psychotropic Substances Control Act No. 4 of 2022.

2. The applicant pleaded guilty to the offence before Hon. D. Mikoyan on 5th February, 2024 and as a consequence, he was convicted on his own plea of guilty and sentenced to a fine of Kshs. 20,000/= in default 6 months imprisonment.

3. The Accused wishes to serve the sentence imposed to completion according to the sentence review report filed on 31st May, 2024. I however find that given the circumstances of the case, the period already served is sufficient and the sentenced is hereby reviewed to the period served in custody. The applicant shall be set at liberty, unless he is otherwise lawfully held.

4. It is so ordered.

SIGNED, DATE AND DELIVERED AT ELDORET THIS 6TH DAY OF JUNE 2024. …………………………………….R. NYAKUNDIJUDGE