[2024] KEHC 3085 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for possession of cannabis sativa and being found suitable for community service by the Probation Officer, met the threshold for sentence revision. The court exercised its revisionary jurisdiction to substitute the...
Source-derived case information.
- Citation
- [2024] KEHC 3085 (KLR)
- Parties
- Applicant: Kelvin Kimani Gikonyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E047 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Narcotic Drugs Possession, Sentence Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kelvin Kimani Gikonyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under the circumstances.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for possession of cannabis sativa and being found suitable for community service by the Probation Officer, met the threshold for sentence revision. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at the Kenya Industrial Training Institute for two months, in line with the recommendations of the Sentence Review Report and the principles of rehabilitation and decongestion of prisons.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Kenya Industrial Training Institute for two months.
Full Case Text
Judgment text and source record
22 paragraphs
Gikonyo v Republic (Revision Case E047 of 2024) [2024] KEHC 3085 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3085 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E047 of 2024
HM Nyaga, J
March 14, 2024
Between
Kelvin Kimani Gikonyo
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 Narcotic Drugs Contrary to Section 3(1) as read with Section 3(2) of the Narcotiic Drug and psychotropic Act Substances Act No. 4 of 1994 Laws of Kenya.The particulars are that; On the 19th day of January 2024 at around 1915 hours at Nyamataro area in Nakuru North Sub County within Nakuru County you were found being in possession of 18 rolls of cannabis sativa (bhang) in your left pocket of your trouser valued at Kshs. 1800/- hence contravening the said Act.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 10,000/- in default 6 months 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 Kenya Industrial Training Institute.
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 Kenya Industrial Training Institute for Two (2) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 14THDAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state