[2024] KEHC 3342 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for cultivating cannabis sativa, was suitable for a community service order as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence...
Source-derived case information.
- Citation
- [2024] KEHC 3342 (KLR)
- Parties
- Applicant: Robert Rono Ngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E067 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- 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
Robert Rono Ngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence for cultivating cannabis sativa should be revised in light of the Sentence Review Report.
- 2 Whether the applicant is suitable for a community service order as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for cultivating cannabis sativa, was suitable for a community service order as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Taita Taveta Chief’s Camp for three months, in the interest of decongesting prison and promoting rehabilitation. 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 the sentence under community service at Taita Taveta Chief’s Camp for three months.
Full Case Text
Judgment text and source record
22 paragraphs
Ngetich v Republic (Revision Case E067 of 2024) [2024] KEHC 3342 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3342 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E067 of 2024
HM Nyaga, J
March 20, 2024
Between
Robert Rono Ngetich
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:Cultivating a Narcotic drug contrary to Section 291) (b) as read with Section 6(b) of the Narcotic drugs and psychotropic substance Control Act.The particulars are that;On the 13th day of September 2023 in Taita Village in Njoro Sub County within Nakuru County was found cultivating cannabis sativa (bhang) to wit 20 stems with a street value of Kshs. 20,000/= in contravention to the above said Act.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 60,000/- in default to serve twelve (12) months 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 Taita Taveta Chief’s Camp.
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 Taita Taveta Chief’s Camp 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