[2024] KEHC 2762 (KLR)
The court found that, based on the Sentence Review Report by the Probation Officer which recommended community service and found the applicant suitable, and considering the applicant had already served a substantial part of his sentence, it was just and appropriate to revise the custodial sentence. The court...
Source-derived case information.
- Citation
- [2024] KEHC 2762 (KLR)
- Parties
- Applicant: Peter Njoroge Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E046 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, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Njoroge Kimani
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's 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, based on the Sentence Review Report by the Probation Officer which recommended community service and found the applicant suitable, and considering the applicant had already served a substantial part of his sentence, it was just and appropriate to revise the custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a community service order at Kenya Industrial Training Institute for two months.
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 his sentence under community service at Kenya Industrial Training Institute for two months.
Full Case Text
Judgment text and source record
22 paragraphs
Kimani v Republic (Revision Case E046 of 2024) [2024] KEHC 2762 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2762 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E046 of 2024
HM Nyaga, J
March 14, 2024
Between
Peter Njoroge Kimani
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 391) as read with Section 3(2) of the Narcotic Drug and Psychotropic 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 15 rolls of cannabis sativa (Bhang) in your right pocket of your trouser valued at Kshs 1500 hence contravening the said act.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs 15,000/= in default six (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