This matter is placed before me for review of sentence under Article 50(2)(q) and 165(6) and (7) of the Constitution of Kenya, sections 362 and 364(1)(b) of the Criminal Procedure Code (Cap. 75) Laws of Kenya, the Probation of Offenders Act (Cap. 64) Laws of Kenya, section 3(1) of the Community Service Orders Act (Cap. 93) Laws of Kenya and pursuant to the Directions by the Honourable the Chief Justice in Her Memo dated 19/8/2024 on decongestion of prisons.
The Lower Court file has been placed before me and I have perused the same.
The offender pleaded guilty and was convicted and sentenced on a charge of being in possession of narcotic drugs contrary to section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245) that on 26/1/2024 he was found in possession of one big roll, two halves, two small stones and ten cigarettes suspected to be Cannabis with a street value of KShs 800/= in contravention of the Act.
He was sentenced to s term of 2 years imprisonment.
The offence of possession narcotic drugs is provided for under section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control Act) with its punishment as follows:
S. 3. Subject to subsection (3), any person who has in his possession any narcotic drug or psychotropic substance shall be guilty of an offence.
(2) A person guilty of an offence under subsection (1) shall be liable—
(a) in respect of cannabis, where the person satisfies the court that the cannabis was intended solely for his own consumption, to imprisonment to a term of not more than five years or to a fine of not more than one hundred thousand shillings;
The sentence review report recommends that the offender is suitable for a non-custodial sentence of community service and that the community has no grave concerns about him.
In meting out the sentence of 2 years imprisonment, the trial court noted that the offender required to stay in custody in order for him to have an environment for rehabilitation.
Given the gravity of offence, and the relatively large quantity of the narcotic drugs found with the offender, I agree with the learned trial magistrate that the offender needs time in custody to reflect on his offending ways and the effect that debilitating effects that narcotic drugs have on especially young and youthful persons.
I therefore find that the offender is not suitable for a non-custodial sentence or even review to a lesser punishment.
Consequently, I find that the case is NOT suitable for consideration for review of sentence.
This file is closed.
Orders accordingly.
Directions issued, dated and signed in Chambers this 15th day of November 2024
HON. ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.
The Lower Court file has been placed before me and I have perused the same.
The offender pleaded guilty and was convicted and sentenced on a charge of being in possession of narcotic drugs contrary to section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245) that on 26/1/2024 he was found in possession of one big roll, two halves, two small stones and ten cigarettes suspected to be Cannabis with a street value of KShs 800/= in contravention of the Act.
He was sentenced to s term of 2 years imprisonment.
The offence of possession narcotic drugs is provided for under section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control Act) with its punishment as follows:
S. 3. Subject to subsection (3), any person who has in his possession any narcotic drug or psychotropic substance shall be guilty of an offence.
(2) A person guilty of an offence under subsection (1) shall be liable—
(a) in respect of cannabis, where the person satisfies the court that the cannabis was intended solely for his own consumption, to imprisonment to a term of not more than five years or to a fine of not more than one hundred thousand shillings;
The sentence review report recommends that the offender is suitable for a non-custodial sentence of community service and that the community has no grave concerns about him.
In meting out the sentence of 2 years imprisonment, the trial court noted that the offender required to stay in custody in order for him to have an environment for rehabilitation.
Given the gravity of offence, and the relatively large quantity of the narcotic drugs found with the offender, I agree with the learned trial magistrate that the offender needs time in custody to reflect on his offending ways and the effect that debilitating effects that narcotic drugs have on especially young and youthful persons.
I therefore find that the offender is not suitable for a non-custodial sentence or even review to a lesser punishment.
Consequently, I find that the case is NOT suitable for consideration for review of sentence.
This file is closed.
Orders accordingly.
Directions issued, dated and signed in Chambers this 15th day of November 2024
HON. ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.