Gachu v Republic (Criminal Revision E163 of 2024) [2024] KEHC 6626 (KLR) (6 June 2024) (Ruling) Neutral citation: [2024] KEHC 6626 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E163 OF 2024 RN NYAKUNDI, J JUNE 6, 2024 BETWEEN DAVID GACHU ........................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged with the ofience of being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2) (a) of the Narcotic Drugs And Psychotropic Substances Control Act No. 4 of 2022. 2. The applicant pleaded guilty to the ofience before Hon. D. Mikoyan on 5th February, 2024 and as a consequence, he was convicted on his own plea of guilty and sentenced to a fine of Kshs. 20,000/= in default 6 months imprisonment. 3. The Accused wishes to serve the sentence imposed to completion according to the sentence review report filed on 31st May, 2024. I however find that given the circumstances of the case, the period already served is sufficient and the sentenced is hereby reviewed to the period served in custody. The applicant shall be set at liberty, unless he is otherwise lawfully held. 4. It is so ordered. SIGNED, DATE AND DELIVERED AT ELDORET THIS 6TH DAY OF JUNE 2024. ……………………………………. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6626/eng@2024-06-06 1
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