[2025] KEHC 16768 (KLR)
The court found that the sentence imposed by the trial court—either a fine of Kshs. 60,000 or twelve months imprisonment in default—was lawful and proportionate to the offence of possession of cannabis sativa under the relevant statute. The applicant had pleaded guilty, and the Sentence Review Report did not...
Source-derived case information.
- Citation
- [2025] KEHC 16768 (KLR)
- Parties
- Applicant: Pisa Mwene Mainye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E002 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision dismissed; applicant to serve remainder of sentence in custody
- Judges
- WA Okwany
- Legal Topics
- Narcotic Possession, Sentencing Review, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pisa Mwene Mainye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for possession of cannabis sativa was appropriate and warranted revision.
- 2 Whether the applicant was entitled to a non-custodial sentence.
Ratio Decidendi
The court found that the sentence imposed by the trial court—either a fine of Kshs. 60,000 or twelve months imprisonment in default—was lawful and proportionate to the offence of possession of cannabis sativa under the relevant statute. The applicant had pleaded guilty, and the Sentence Review Report did not recommend a non-custodial sentence. There was no illegality, impropriety, or error in the sentence to warrant revision. Accordingly, the applicant was directed to continue serving the remainder of his custodial sentence.
Court Disposition
application for revision dismissed; applicant to serve remainder of sentence in custody
Orders
- The applicant shall continue to serve the remainder of his sentence in custody.
Full Case Text
Judgment text and source record
18 paragraphs
Mainye v Republic (Criminal Revision E002 of 2025) [2025] KEHC 16768 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 16768 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E002 of 2025
WA Okwany, J
January 31, 2025
Between
Pisa Mwene Mainye
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E388 of 2024 by Hon. E.K. Nyutu, Chief Magistrate on 31st May 2024. )
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of being in possession of Cannabis Sativa (Bhang) contrary to Section 3 (2) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. The trial court sentenced him to pay a fine of Kshs. Sixty thousand (Kshs. 60,000/=) or to serve twelve (12) months imprisonment in default. The Applicant has served 5 months and 2 weeks of his sentence and is remaining with seven (7) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Mpaera Lerionka Johnstone does not recommend a non-custodial sentence. I hereby direct that the Applicant shall continue to serve the remainder of his sentence in custody.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE