Mainye v Republic [2025] KEHC 3195 (KLR)

Mainye v Republic (Criminal Revision E002 of 2025) [2025] KEHC 3195 (KLR) (31 January 2025) (Ruling)

Neutral citation: [2025] KEHC 3195 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E002 of 2025

WA Okwany, J

January 31, 2025

Between

Pisa Mwene Mainye

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E388 of 2024 by Hon. E.K. Nyutu, Chief Magistrate on 31st May 2024. )

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of being in possession of Cannabis Sativa (Bhang) contrary to Section 3 (2) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. The trial court sentenced him to pay a fine of Kshs. Sixty thousand (Kshs. 60,000/=) or to serve twelve (12) months imprisonment in default. The Applicant has served 5 months and 2 weeks of his sentence and is remaining with seven (7) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Mpaera Lerionka Johnstone does not recommend a non-custodial sentence. I hereby direct that the Applicant shall continue to serve the remainder of his sentence in custody.

Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE