Muiruri v Republic [2024] KEHC 2605 (KLR)

Muiruri v Republic (Revision Case E035 of 2024) [2024] KEHC 2605 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2605 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E035 of 2024

HM Nyaga, J

March 14, 2024

Between

Simon Mwaura Muiruri

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 Possession of Narcotic Drugs Contrary to Section 3(1) as read with Section 3(2) of the Narcotic and Psychotropic Substances Control Act No. 4 of 1994 Laws of Kenya.

3. The particulars are that; On the 26th day of November, 2023 at cross road Area in Njoro Sub-County within Nakuru County, was found in possession of 0. 8 kg cannabis (bhang) with street value of Kshs. 2000/= which was not in a medical preparation form therefore contravening the said act.

4. He pleaded guilty and he was sentenced to pay a fine of Kshs. 20,000/= in default nine (9) months in jail.

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

6. 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 Njoro Chiefs Camp.

7. 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 Njoro Chiefs Camp for Three (3) months.

8. The terms will be explained to him.

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