https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/278
The court held that although the accused was a first-time offender, pleaded guilty at the first instance, and expressed remorse, those factors were insufficient to avoid punishment for possession of narcotic drugs. In the absence of a filed pre-sentencing report, the court sentenced him on the record and imposed a...
Source-derived case information.
- Citation
- [2026] KEMC 278 (KLR)
- Parties
- Prosecution: Republic; Accused: Bakari Bahola Said
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E052 of 2026
- Procedural Posture
- Criminal Case; Sentence After Guilty Plea for Possession of Narcotic Drugs / Sentence
- Outcome
- Accused sentenced.
- Judges
- ["WO Kombwayo"]
- Legal Topics
- Possession of Cannabis Sativa (bhang), Guilty Plea, First Offender, Pre Sentencing Report Not Filed, Fine in Default of Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Bakari Bahola Said
Accused
Procedural Posture
Criminal Case; Sentence After Guilty Plea for Possession of Narcotic Drugs / Sentence
Legal Issues
- 1 What sentence was appropriate for a first-time offender who pleaded guilty to possession of 8 rolls of bhang valued at KShs. 400.
- 2 Whether the absence of a pre-sentencing report should delay sentencing.
Ratio Decidendi
The court held that although the accused was a first-time offender, pleaded guilty at the first instance, and expressed remorse, those factors were insufficient to avoid punishment for possession of narcotic drugs. In the absence of a filed pre-sentencing report, the court sentenced him on the record and imposed a fine of KShs. 10,000 in default three months’ imprisonment running from the date of plea.
Court Disposition
Accused sentenced.
Orders
- Fine of KShs. 10,000 imposed.
- In default, serve 3 months’ imprisonment.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Said (Criminal Case E052 of 2026) [2026] KEMC 278 (KLR) (9 July 2026) (Sentence) Neutral citation: [2026] KEMC 278 (KLR) Republic of Kenya In the Hola Law Courts Criminal Case E052 of 2026 WO Kombwayo, RM July 9, 2026 Between Republic Prosecution and Bakari Bahola Said Accused Sentence 1.The accused herein, Bakari Bahola Said, was charged with the offence of being in possession of narcotic drugs contrary to Section 3(1) as read with Section 3(2)(a) of the Narcotics Drugs and Psychotropic Substances(Amendment) Act of 2022. 2.The particulars are that on 9/3/2026 at around 0020hrs at Laza town in Tana River County he was found in possession of narcotic drugs namely cannabis Sativa (bhang) to wit 8 rolls with the street value of KShs. 400 which was not in its medical form in contravention of the said Act. 3.The accused upon presentation in court pleaded guilty to the charges. 4.The facts of the case were that on the particular night he was stopped by patrol officers who upon searching him found 8 rolls of bhang rolled in a white rizlar paper. The rolls were produced as PEXH-1. 5.The accused admitted the facts and he was convicted on his own plea of guilt. 6.The court on 18/5/2026 directed that a pre-sentencing report be filed but the same was not filed by 8/7/2026 hence the decision to sentence the accused without the input of the report. 7.The accused is a first time offender and a young man of 24 years of age. He has pleaded guilty and in his mitigation stated that he uses the said drug due to the heavy work he engages in of packing sand along the river. He indicated that he is remorseful for the offence and promised to change and stop the behaviour. 8.The court has considered the mitigation of the accused and also the fact that he pleaded guilty at the first instance and saved the court’s time. However, that is not a reason enough not to condemn the said behavior. 9.The accused is therefore is fined a sum of KShs. 10,000 (Kenya Shillings Ten Thousand) in default to serve a 3 months imprisonment. The imprisonment term to run from the date of plea taking. 10.The accused has 14 days right of appeal. DATED, SIGNED AND DELIVERED AT HOLA IN OPEN COURT THIS 9th DAY OF JULY, 2026.W. O. KOMBWAYORESIDENT MAGISTRATEIn the Presence of:Mr. Kagema for the StateThe accused - PresentCA - Kofa Said/Kofa Alfred