[2024] KEHC 16376 (KLR)
The court found that the applicant, having pleaded guilty to possession of cannabis sativa and being a first offender, demonstrated remorse and readiness for rehabilitation. The court emphasized that custodial sentences should be reserved for serious offences or repeat offenders, and that non-custodial sentences are...
Source-derived case information.
- Citation
- [2024] KEHC 16376 (KLR)
- Parties
- Applicant: Duke Sakawa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E396 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Custodial sentence set aside; applicant placed under probation supervision for two months.
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Principles, Possession of Narcotics, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duke Sakawa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for possession of cannabis sativa was appropriate in the circumstances.
- 2 Whether the applicant qualifies for a non-custodial sentence based on the facts and applicable law.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to possession of cannabis sativa and being a first offender, demonstrated remorse and readiness for rehabilitation. The court emphasized that custodial sentences should be reserved for serious offences or repeat offenders, and that non-custodial sentences are appropriate where the offender poses no threat to the community and is receptive to reform. The court determined that the rehabilitative and reparative functions of the correctional system would be best served by placing the applicant under probation supervision rather than imprisonment. Accordingly, the custodial sentence was set aside and replaced with a probation order,...
Court Disposition
Custodial sentence set aside; applicant placed under probation supervision for two months.
Orders
- The applicant is placed under probation supervision for a period of two months.
- The assigned probation officer shall submit detailed monthly reports to the court.
Full Case Text
Judgment text and source record
22 paragraphs
Sakawa v Republic (Criminal Revision E396 of 2024) [2024] KEHC 16376 (KLR) (23 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16376 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E396 of 2024
RN Nyakundi, J
December 23, 2024
Between
Duke Sakawa
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of being in possession of Cannabis Sativa contrary to section 3(1) as read with section 3(2) (a) of the Narcotic Drugs and Psycotrophic Substance Control Act, No. 4 of 1994. The particulars of the offence were that on 11th September, 2024 at 12:00hrs in Maranatha area Langas estate in Kapseret Sub-County within Uasin Gishu county was found in possession of one hundred (100) rolls of bhang valued at Kshs. 5,000/= which was not prepared for medical use in contravention of the said Act.
2. The applicant pleaded guilty to the offence before and as a consequence, he was convicted on his own plea of guilty and sentenced to a fine of Kshs. 50,000/= serve 6 months in prison.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6) (a) &(b) of the Constitution.
4. According to the applicant, the sentence imposed not lenient. He seeks a review to a non-custodial sentence.
5. In determining whether to impose a custodial or non-custodial sentence, the court is required to take into account the following factors: -a)Gravity of the offence: - sentence of imprisonment should be avoided for misdemeanour.b)Criminal history of the offender. Taking into account the seriousness of the offences, first offenders should be considered for non-custodial sentence.c)Character of the offender: - non-custodial sentence are best suited for offenders who are already remorseful and receptive to rehabilitative measures.d)Protection of the community: - where the offender is likely to pose a threat to the community.e)Offender’s responsibility to third parties: - where there are people depending on the offender.
6. The nucleus of any correctional system is its rehabilitative and reparative functions and in the famous words of Lord Hewart, Justice must not only be done, but must also be seen to be done”. This dictum was laid down in the case of Rex v. Sussex Justices, [1924] 1 KB 256. The empirical evidence in this matter shows that the offender has been rehabilitated and is reformed, ready for re-integration into the society.
7. Having thoroughly examined the circumstances of this case, a non-custodial sentence would be appropriate. The accused is placed under probation supervision for a period of two months. To ensure compliance, the assigned probation officer shall submit detailed monthly reports to this court. The court expressly warns that any breach of probation conditions will result in the immediate imposition of custody for the duration of the unexpired term. This decision reflects both the court's commitment to rehabilitation and its insistence on strict adherence to probation requirements.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 23RDDAY OF DECEMBER 2024. …………………………………….R. NYAKUNDIJUDGE