Obed v Republic [2023] KEHC 19818 (KLR)

Obed v Republic (Criminal Revision E051 of 2023) [2023] KEHC 19818 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19818 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E051 of 2023

WA Okwany, J

June 29, 2023

Between

Hesborn Ogetare Obed

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E242 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 24th April 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of being in possession of narcotic drugs contrary to section 3 (1) as read with section 3 (2) (a) of the Narcotic and Psychotropic Substances ControlAct No. 4 of 1994. The trial court sentenced him to serve 3 years imprisonment. The Report by Peter Mogusu Ayienda the Probation Officer filed on 14th June 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Birongo Primary School under the supervision of the area Assistant Chief for a period of 14 months.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE