Gikonyo v Republic [2024] KEHC 3085 (KLR)

Gikonyo v Republic (Revision Case E047 of 2024) [2024] KEHC 3085 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3085 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E047 of 2024

HM Nyaga, J

March 14, 2024

Between

Kelvin Kimani Gikonyo

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 was charged with the offence of;Being in possession of Narcotic Drugs Contrary to Section 3(1) as read with Section 3(2) of the Narcotiic Drug and psychotropic Act Substances Act No. 4 of 1994 Laws of Kenya.The particulars are that; On the 19th day of January 2024 at around 1915 hours at Nyamataro area in Nakuru North Sub County within Nakuru County you were found being in possession of 18 rolls of cannabis sativa (bhang) in your left pocket of your trouser valued at Kshs. 1800/- hence contravening the said Act.

3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 10,000/- in default 6 months in jail

4. The Applicant has served a substantial part of this sentence.

5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kenya Industrial Training Institute.

6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kenya Industrial Training Institute for Two (2) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 14THDAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state