[2024] KEHC 6626 (KLR)
The court found that, considering the circumstances of the case and the sentence review report, the period already served by the applicant in custody was sufficient punishment for the offence of possession of narcotic drugs. The court exercised its discretion under the Criminal Procedure Code to revise the sentence...
Source-derived case information.
- Citation
- [2024] KEHC 6626 (KLR)
- Parties
- Applicant: David Gachu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E163 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised to period served; applicant to be released unless otherwise lawfully held
- Judges
- RN Nyakundi
- Legal Topics
- Narcotic Drugs Possession, Sentencing Review, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Gachu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of narcotic drugs should be revised.
- 2 Whether the period already served in custody is sufficient punishment for the offence.
Ratio Decidendi
The court found that, considering the circumstances of the case and the sentence review report, the period already served by the applicant in custody was sufficient punishment for the offence of possession of narcotic drugs. The court exercised its discretion under the Criminal Procedure Code to revise the sentence from a fine of Kshs. 20,000 or 6 months imprisonment to the period already served, thereby ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised to period served; applicant to be released unless otherwise lawfully held
Orders
- The sentence imposed on the applicant is reviewed to the period already served in custody.
- The applicant shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
Gachu v Republic (Criminal Revision E163 of 2024) [2024] KEHC 6626 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6626 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E163 of 2024
RN Nyakundi, J
June 6, 2024
Between
David Gachu
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2) (a) of the Narcotic Drugs And Psychotropic Substances Control Act No. 4 of 2022.
2. The applicant pleaded guilty to the offence before Hon. D. Mikoyan on 5th February, 2024 and as a consequence, he was convicted on his own plea of guilty and sentenced to a fine of Kshs. 20,000/= in default 6 months imprisonment.
3. The Accused wishes to serve the sentence imposed to completion according to the sentence review report filed on 31st May, 2024. I however find that given the circumstances of the case, the period already served is sufficient and the sentenced is hereby reviewed to the period served in custody. The applicant shall be set at liberty, unless he is otherwise lawfully held.
4. It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 6TH DAY OF JUNE 2024. …………………………………….R. NYAKUNDIJUDGE