[2024] KEHC 3841 (KLR)
The applicant, having been convicted on his own plea of guilty for possession of narcotic drugs and sentenced to pay a fine of Kshs. 3000 or in default serve one month imprisonment, has already been in custody for about a month since his arrest on 16/3/2024. The court finds that the applicant must have served his...
Source-derived case information.
- Citation
- [2024] KEHC 3841 (KLR)
- Parties
- Applicant: Stephen Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 106 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- file closed; sentence deemed served
- Judges
- DR Kavedza
- Legal Topics
- Narcotic Drugs Possession, Plea of Guilty, Sentencing, Custodial Sentence, Fine in Lieu of Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant has served the sentence imposed for possession of narcotic drugs.
- 2 Whether any further orders are necessary in light of the applicant's time in custody.
Ratio Decidendi
The applicant, having been convicted on his own plea of guilty for possession of narcotic drugs and sentenced to pay a fine of Kshs. 3000 or in default serve one month imprisonment, has already been in custody for about a month since his arrest on 16/3/2024. The court finds that the applicant must have served his sentence to completion by the date of the ruling, and therefore no further orders are necessary. The file is accordingly closed.
Court Disposition
file closed; sentence deemed served
Orders
- The file is closed as the applicant has served his sentence to completion.
Full Case Text
Judgment text and source record
19 paragraphs
Maina v Republic (Criminal Revision 106 of 2024) [2024] KEHC 3841 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3841 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 106 of 2024
DR Kavedza, J
April 15, 2024
Between
Stephen Maina
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and noted that the applicant was convicted on his own plea of guilty for the offense 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 (Amendment) Act, 2022. He was sentenced on 18/3/2024 to pay a fine of Kshs. 3000/= and in default to serve one month imprisonment.
2. The applicant was arrested on 16/3/2024 and has therefore been in custody for about a month. He must have served his sentence to completion by now.
3. File closed.
Orders accordingly.
Ruling delivered this day 15th day of April 2024. ________________D. KAVEDZAJUDGE