Njoroge v Republic [2024] KEHC 3906 (KLR)

Njoroge v Republic (Revision Case E152 of 2024) [2024] KEHC 3906 (KLR) (23 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3906 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E152 of 2024

HM Nyaga, J

April 23, 2024

Between

Amos Muchiri Njoroge

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 Canabis Sativa (Bhang) Contrary to Section 3(1) (a) as read with Section 3(2) (b) of the Narcotic Drugs and Psychotropic Substances Control Act No 4 of 1994 Laws of Kenya.The particulars are that;On the 15th day of September, 2023 at 2300 hours at Kasarani Village, Elburgon Location, Molo Sub County within Nakuru County, you were found being in possession of cannabis sativa (bhang) to wit 1. 100 kgs whole street value is Kshs. 55,000/= and which was not medically prescribed.

3. He pleaded guilty and he was sentenced to;Serve one (1) year in jail.

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 Elburgon 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 Elburgon Chief’s Camp for two (2) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RD DAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state