Korir v Republic [2024] KEHC 2906 (KLR)

Korir v Republic (Revision Case E107 of 2024) [2024] KEHC 2906 (KLR) (20 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2906 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E107 of 2024

HM Nyaga, J

March 20, 2024

Between

Duncan Korir alias Metameta

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 cannabis sativa (bhang) Contrary to Section 2(1) as read with Section 3(1) of the Drugs and Psychotrophic Substance Act No. 4 of 1994. The particulars are that;On the 2nd day of November 2023 at Olenguruone police station in Kuresoi South Sub County within Nakuru County was un-lawfully found in possession of 56 rolls of bhang with a street value of Kshs. 2,800/= which was not in a form of medical preparation.

3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 20,000 in default to serve Six (6) months in imprisonment.

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 DEB Primary School in Olenguruone.

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 DEB Primary in Olenguruone for three (3) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 20TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state