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JudgmentHASSAN MUSA VS The Republic2 min read

HASSAN MUSA VS The Republic

High Court at Mombasa High Court · · Wendy Micheni

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

CRIMINAL REVISION NO. E300 OF 2024

HASSAN MUSA…..………..…...……………………….……. APPLICANT

VERSUS

REPUBLIC ………………………………………………..… RESPONDENT

(ORIGINATING FROM CRIMINAL CASE NUMBER 248 OF 2018 IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT SHANZU (HON. OMIDO [S. P.M])

RULING

  1. The Applicant was charged and convicted after a full trial for the offence of Trafficking in Narcotics drugs contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 OF 1994 and sentenced and fined to payment of Kshs 1,778,400/- in default of which he was to serve 5 years imprisonment on 27th April, 2023.
  2. A sentence review report dated 13th November, 2024 by Rosemary A. Nyong’a indicated that the Applicant was willing to be placed a non – custodial sentence. He acknowledged that on the day he was arrested he was drunk. He also confessed that he had been abusing drugs and even dropped out of school due to drug related issues. He had not abused drugs for the past ten years and he intended to stay clean. He prayed for leniency.
  3. The Applicant according to the officer was expected to complete his sentence in August 2026 and had undergone prison rehabilitation for a period of nineteen months. The report from prison was that he had been of good conduct while in custody. He had a young family who depended on him and was willing to abide by the conditions of a non-custodial order.
  4. There was assurance of family support by his aunt who lived in Miritini area. In his rehabilitation in case the issue of drugs and substance abuse persisted he will be referred to reach out organization for support. The Officer asked the Court to consider reviewing the Applicant’s sentence to a non-custodial community service sentence for a period of six months at Miritini Chief’s office.
  5. I have considered the Sentence Review Report I find that the Applicant has served sufficient punishment. I set aside the sentence by the trial court and substitute the same with a non-custodial sentence of Community Service at Miritini Chief’s office for 18 months.

IT IS SO ORDERED ACORDINGLY.

RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …….…………DAY OF ………………………..…….., 2024

……………………………………………………..

HON. LADY JUSTICE W. M. KAGENDO

(JUDGE)

In the presence of:

M/s. Bebora, Court Assistant;

……………Ms. Maina……………State Counsel

    HASSAN MUSA VS The Republic HASSAN MUSA VS The Republic