[2024] KEHC 3914 (KLR)
The court found that, given the applicant had already served a substantial portion of his custodial sentence for possession of cannabis sativa and was found suitable for community service by the Probation Officer, it was appropriate to revise the sentence. The court exercised its revisionary jurisdiction to...
Source-derived case information.
- Citation
- [2024] KEHC 3914 (KLR)
- Parties
- Applicant: Amos Muchiri Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E152 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 Possession, Sentence Revision, Community Service, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Muchiri Njoroge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the probation officer's recommendation for community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under the circumstances.
Ratio Decidendi
The court found that, given the applicant had already served a substantial portion of his custodial sentence for possession of cannabis sativa and was found suitable for community service by the Probation Officer, it was appropriate to revise the sentence. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Elburgon Chief’s Camp for two months, in line with the recommendations and the objective of decongesting prisons.
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 Elburgon Chief’s Camp for two months.
Full Case Text
Judgment text and source record
22 paragraphs
Njoroge v Republic (Revision Case E152 of 2024) [2024] KEHC 3914 (KLR) (23 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3914 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E152 of 2024
HM Nyaga, J
April 23, 2024
Between
Amos Muchiri Njoroge
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 Canabis Sativa (Bhang) Contrary to Section 3(1) (a) as read with Section 3(2) (b) of the Narcotic Drugs and Psychotropic Substances Control Act No 4 of 1994 Laws of Kenya.The particulars are that;On the 15th day of September, 2023 at 2300 hours at Kasarani Village, Elburgon Location, Molo Sub County within Nakuru County, you were found being in possession of cannabis sativa (bhang) to wit 1. 100 kgs whole street value is Kshs. 55,000/= and which was not medically prescribed.
3. He pleaded guilty and he was sentenced to;Serve one (1) year in jail.
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 Elburgon 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 Elburgon Chief’s Camp for two (2) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RD DAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state