Meraba v Republic [2024] KEHC 6509 (KLR)

Meraba v Republic (Criminal Revision E047 of 2024) [2024] KEHC 6509 (KLR) (22 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6509 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E047 of 2024

WA Okwany, J

May 22, 2024

Between

Boniface Meraba

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E694 of 2022 by Hon. B. M. Kimtai, Senior Principal Magistrate on 26th October 2022)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of being in possession of narcotic drugs (bhang) contrary to Section 3 (1) as read with Section 3 (2) of the Narcotics and Psychotropic Substance Control Act No. 4 of 1994. The trial court sentenced him to serve three (3) years imprisonment.

2. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Peter Mogusu Ayienda recommends a non-custodial sentence.

3. I hereby direct that the Applicant serves a Community Service Order at North Masaba Location Chief’s office under the supervision of the area Chief Mr. Samuel Bunde for the remainder of his sentence.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 22ND DAY OF MAY 2024. W. A. OKWANYJUDGE