[2024] KEHC 2906 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for possession of cannabis sativa, was suitable for community service as recommended by the probation officer. In the interest of decongesting the prison and promoting rehabilitation, the court exercised its revisionary...
Source-derived case information.
- Citation
- [2024] KEHC 2906 (KLR)
- Parties
- Applicant: Duncan Korir alias Metameta; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E107 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Possession of Narcotic Drugs, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Korir alias Metameta
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for community service based on the probation report.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for possession of cannabis sativa, was suitable for community service as recommended by the probation officer. In the interest of decongesting the prison and promoting rehabilitation, the court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at DEB Primary School in Olenguruone for three months. The court emphasized that the terms of the community service order would be explained to the applicant.
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 DEB Primary School in Olenguruone for three months.
Full Case Text
Judgment text and source record
22 paragraphs
Korir v Republic (Revision Case E107 of 2024) [2024] KEHC 2906 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2906 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E107 of 2024
HM Nyaga, J
March 20, 2024
Between
Duncan Korir alias Metameta
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 cannabis sativa (bhang) Contrary to Section 2(1) as read with Section 3(1) of the Drugs and Psychotrophic Substance Act No. 4 of 1994. The particulars are that;On the 2nd day of November 2023 at Olenguruone police station in Kuresoi South Sub County within Nakuru County was un-lawfully found in possession of 56 rolls of bhang with a street value of Kshs. 2,800/= which was not in a form of medical preparation.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 20,000 in default to serve Six (6) months in imprisonment.
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 DEB Primary School in Olenguruone.
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 DEB Primary in Olenguruone for three (3) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 20TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state