[2022] KEHC 12830 (KLR)
The court found that the applicant, having been convicted of trafficking in narcotic drugs valued at Kshs 128,000 and sentenced to one year imprisonment, was a first offender, remorseful, and the sole breadwinner for his family. The probation officer recommended a community service order, and the community attested...
Source-derived case information.
- Citation
- [2022] KEHC 12830 (KLR)
- Parties
- Applicant: Kelvin Wanjara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Sentence revised; custodial sentence substituted with community service order.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Narcotic Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Wanjara
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of one year imprisonment without the option of a fine for trafficking in narcotic drugs was appropriate in the circumstances.
- 2 Whether the applicant should be considered for a community service order given the mitigating factors.
Ratio Decidendi
The court found that the applicant, having been convicted of trafficking in narcotic drugs valued at Kshs 128,000 and sentenced to one year imprisonment, was a first offender, remorseful, and the sole breadwinner for his family. The probation officer recommended a community service order, and the community attested to his good character. In the spirit of prison decongestion and considering the applicant had already served two months of his sentence, the court determined that the interests of justice would be served by substituting the remaining custodial sentence with an eight-month community service order at Nanderema chief’s office and camp, under close supervision. The court exercised...
Court Disposition
Sentence revised; custodial sentence substituted with community service order.
Orders
- The applicant Kelvin Wanjara shall be released from prison custody forthwith to perform unpaid community service at Nanderema chief’s office and camp for eight months from date of release under supervision of the area Chief.
- File closed.
Full Case Text
Judgment text and source record
24 paragraphs
Wanjara v Republic (Criminal Revision E011 of 2022) [2022] KEHC 12830 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12830 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E011 of 2022
RE Aburili, J
August 8, 2022
Between
Kelvin Wanjara
Applicant
and
Republic
Respondent
(Being an Application for revision of sentence, arising from conviction and sentence in Ukwala PM’s Court in Criminal Case No. 521 of 2020 on 12/5/2021 by Hon. C.I. Agutu, Senior Resident Magistrate)
Ruling
1. The convict Kelvin Wanjara was convicted and sentenced to serve one year imprisonment with no option of a fine on 15/5/2022 for the offence of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic substances Control Act No 4 of 1994. This was after a full trial.
2. The value of the narcotics being trafficked was Kshs 128,000 being 256 rolls of cannabis.
3. The convict is aged 27 years old. He is a boda boda rider and is married with young children. He is reported to be remorseful and is hardworking at the prisons farm since his incarceration. He is a first offender.
4. The community speaks positively of his character save for this case.
5. He is the sole breadwinner for his family which is said to be suffering. He is willing to perform community service at Nanderema chief’s camp. The probation officer recommends him for community service order.
6. Having considered all the above mitigating factors for the convict, and in the spirit of prison decongestion as the convict has served 2 months of the 12 months imprisonment imposed, I hereby order that the convict Kelvin Wanjara shall be released from prison custody forthwith to perform unpaid community service at Nanderema chief’s office and camp for eight (8) months from date of release and he shall be closely supervised by the area Chief.
7. Orders accordingly.
8. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE