Ngetich v Republic [2024] KEHC 3342 (KLR)

Ngetich v Republic (Revision Case E067 of 2024) [2024] KEHC 3342 (KLR) (20 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3342 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E067 of 2024

HM Nyaga, J

March 20, 2024

Between

Robert Rono Ngetich

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:Cultivating a Narcotic drug contrary to Section 291) (b) as read with Section 6(b) of the Narcotic drugs and psychotropic substance Control Act.The particulars are that;On the 13th day of September 2023 in Taita Village in Njoro Sub County within Nakuru County was found cultivating cannabis sativa (bhang) to wit 20 stems with a street value of Kshs. 20,000/= in contravention to the above said Act.

3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 60,000/- in default to serve twelve (12) months 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 Taita Taveta Chief’s Camp.

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 Taita Taveta Chief’s Camp 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