ABDALLA HAMISI MOHAMED AND ABUBAKAR ISHAQ BAKARI VS The Republic

(ORIGINATING FROM CRIMINAL CASE  NO. E676 OF

2024)

1. The accused persons herein have been charged with 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 and trafficking in narcotic drugs contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994.
2. The particulars of the 1^st offence are that on the 28^th day of March, 2024 at Ushindi area, Likoni subcounty within Mombasa county, was found trafficking in narcotic drugs by selling 22 sachets of heroin with a street value of Kshs. 15000 in contravention of the said Act. The particulars of the 2^nd offence are that on the 28^th day of March, 2024, at Ushindi area, Likoni subcounty within Mombasa county, found trafficking in narcotic drugs by selling 5 sachets of heroin with street value of Kshs. 6000 and proceeds of Kshs. 1915 in contravention of the said Act.
3. The accused persons both pleaded guilty and were sentenced to pay a fine of Kshs. 100000- or 12-months imprisonment.
4. A sentence review report by Nasra Ibrahim for the 1^st Accused- Abubakar Ishaq Bakari and the 2^nd Accused, stated that the accused stated that his experience in prison has taught him discipline and adherence to set orders and routine. Imprisonment has changed his view about positive living and crime free life.
5. In light of the above findings, the sentence is reviewed to the time already spent.

IT IS SO ORDERED ACORDINGLY.

RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL,

SIGNED AND DATED AT MOMBASA THIS …….…27th………DAY OF

…………………DECEMBER……..…….., 2024

……………………………………………………..

HON. LADY JUSTICE W. M. KAGENDO

(JUDGE)

HIGH COURT OF KENYA AT MOMBASA

(CRIMINAL DIVISION)

In the presence of:

M/s. Bebora, Court Assistant;

……………Ms. Maina……………State Counsel;

………………………………………….…Applicant