[2024] KEHC 16386 (KLR)
The court found that the applicant, a first-time offender convicted of possession of cannabis sativa, had demonstrated remorse and evidence of rehabilitation. The court emphasized that custodial sentences should be reserved for serious offences or offenders who pose a threat to the community. Given the applicant's...
Source-derived case information.
- Citation
- [2024] KEHC 16386 (KLR)
- Parties
- Applicant: Dennis Wafula Alias Peter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E412 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- Custodial sentence set aside; substituted with non-custodial sentence of probation.
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Principles, Narcotic Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Wafula Alias Peter
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for possession of cannabis sativa should be revised to a non-custodial sentence.
- 2 What factors should guide the court in determining the appropriateness of a non-custodial sentence for a first-time offender.
Ratio Decidendi
The court found that the applicant, a first-time offender convicted of possession of cannabis sativa, had demonstrated remorse and evidence of rehabilitation. The court emphasized that custodial sentences should be reserved for serious offences or offenders who pose a threat to the community. Given the applicant's lack of prior criminal history, his character, and the rehabilitative purpose of sentencing, the court determined that a non-custodial sentence was appropriate. The applicant was thus ordered to serve four months under probation supervision, with compliance to be monitored by monthly probation officer reports. Any violation of probation terms would result in reinstatement of the...
Court Disposition
Custodial sentence set aside; substituted with non-custodial sentence of probation.
Orders
- The applicant shall serve four months under probation supervision.
- The probation officer must submit monthly reports to verify compliance.
Full Case Text
Judgment text and source record
22 paragraphs
Wafula alias Peter v Republic (Criminal Revision E412 of 2024) [2024] KEHC 16386 (KLR) (23 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16386 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E412 of 2024
RN Nyakundi, J
December 23, 2024
Between
Dennis Wafula Alias Peter
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 21st June, 2024 at Mangula area, Turbo Sub-County within Uasin Gishu County was found in possession of 41 rolls of bhang with a street value of Kshs. 2,050/= which was not in form of medical preparation form.
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 serve 2 years 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. After careful consideration, I am of the view that this case warrants a non-custodial sentence. The accused shall serve 4 months under probation supervision. The probation officer must submit monthly reports to verify compliance. This court firmly states that any violation of probation terms may lead to immediate reinstatement of the custodial sentence for the remaining period.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 23RDDAY OF DECEMBER 2024. …………………………………….R. NYAKUNDIJUDGE