The file was brought up for Revision of the sentence.
The applicant was charged with the offence of trafficking narcotic drugs contrary to
section 4 as read with section 4(a) of the Narcotic and Psychotropic Substances Control
Act NO. 4 of 1994 as amended in 2022.
He pleaded guilty on 1st September 2023 and was sentenced to a fine of Kshs. 200,000
in default 2 years in prison.
A sentence review report dated 22nd April 2024 was prepared and it recommended that
he be sentenced to serve a community service order.
At the hearing of the revision on 5th June 2024, the learned counsel for the Respondent said he had no submission and left it to the discretion of the court.
My view is as follows; under Sections 362 to 364 of the Criminal Procedure Code, the High Court is imbued with wide powers to revise the sentence passed by the subordinate court.
I have closely studied the proceedings and the impugned sentence. From the sentence review report, the applicant was then aged 24 years, pleaded for
leniency and said he has learnt grafting skills which he can use when released from custody. He promised to be careful in future and abide by all non-custodial rules.
This court has considered the time spent in prison and the court is satisfied that this is a suitable case for revision. In the result the sentence is revised, and the applicant is sentenced to serve the community at Sabasaba Chief’s Office for a period of one year.
It is so ordered.