[2024] KEHC 14665 (KLR)
The court found that the applicant, having pleaded guilty to cultivating 104 cannabis sativa plants, was sentenced to a fine of Ksh.100,000 or three years' imprisonment in default. Upon review, and considering the Probation Officer's report recommending community service, the court determined that the applicant was...
Source-derived case information.
- Citation
- [2024] KEHC 14665 (KLR)
- Parties
- Applicant: Ben Ndimuti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E539 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised to a Community Service Order for one year.
- Judges
- PN Gichohi
- Legal Topics
- Narcotic Offences, Sentence Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ben Ndimuti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence for cultivating cannabis sativa should be revised in light of the Probation Officer's recommendation for community service.
- 2 Whether the applicant is suitable for a Community Service Order under the circumstances.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to cultivating 104 cannabis sativa plants, was sentenced to a fine of Ksh.100,000 or three years' imprisonment in default. Upon review, and considering the Probation Officer's report recommending community service, the court determined that the applicant was suitable for a Community Service Order. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a one-year Community Service Order at Muchorwe Chief Camp, in line with the objective of decongesting prisons and promoting rehabilitation for minor offenders.
Court Disposition
Custodial sentence revised to a Community Service Order for one year.
Orders
- The applicant shall serve a Community Service Order for one year at Muchorwe Chief Camp.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Ndimuti v Republic (Criminal Revision E539 of 2024) [2024] KEHC 14665 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14665 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E539 of 2024
PN Gichohi, J
November 25, 2024
Between
Ben Ndimuti
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 (Ben Ndimuti) was charged in Molo MCCR E1091 of 2024 with the offence of Cultivating a Narcotic Drug contrary to Section 2 (1) (b) as read with section 6 (b) of the Narcotic Drugs and Psychotropic Substance Control Act.
3. The particulars are that on the 13th Day of May, 2024 at Kiambiriria area, in Molo Sub County within Nakuru County, you were found having cultivated narcotic drugs namely cannabis sativa (bhang) to wit 104 (One hundred and four) plants with a market value of Ksh.5,200/= in contravention of provisions of the said act.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.100,000/= in default three (3) years imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order for one (1) year at Muchorwe Chief Camp.
6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order for one (1) year at Muchorwe Chief Camp.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25TH DAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant