Republic v Said (Criminal Case E052 of 2026) [2026] KEMC 278 (KLR) (9 July 2026) (Sentence) Neutral citation: [2026] KEMC 278 (KLR) REPUBLIC OF KENYA IN THE HOLA LAW COURTS CRIMINAL CASE E052 OF 2026 WO KOMBWAYO, RM JULY 9, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND BAKARI BAHOLA SAID ............................................................................. ACCUSED SENTENCE 1. The accused herein, Bakari Bahola Said, 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 Narcotics Drugs and Psychotropic Substances(Amendment) Act of 2022. 2. The particulars are that on 9/3/2026 at around 0020hrs at Laza town in Tana River County he was found in possession of narcotic drugs namely cannabis Sativa (bhang) to wit 8 rolls with the street value of KShs. 400 which was not in its medical form in contravention of the said Act. 3. The accused upon presentation in court pleaded guilty to the charges. 4. The facts of the case were that on the particular night he was stopped by patrol oficers who upon searching him found 8 rolls of bhang rolled in a white rizlar paper. The rolls were produced as PEXH-1. 5. The accused admitted the facts and he was convicted on his own plea of guilt. 6. The court on 18/5/2026 directed that a pre-sentencing report be filed but the same was not filed by 8/7/2026 hence the decision to sentence the accused without the input of the report. 7. The accused is a first time ofiender and a young man of 24 years of age. He has pleaded guilty and in his mitigation stated that he uses the said drug due to the heavy work he engages in of packing sand along the river. He indicated that he is remorseful for the ofience and promised to change and stop the behaviour. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/278/eng@2026-07-09 1
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8. The court has considered the mitigation of the accused and also the fact that he pleaded guilty at the first instance and saved the court’s time. However, that is not a reason enough not to condemn the said behavior. 9. The accused is therefore is fined a sum of KShs. 10,000 (Kenya Shillings Ten Thousand) in default to serve a 3 months imprisonment. The imprisonment term to run from the date of plea taking. 10. The accused has 14 days right of appeal. DATED, SIGNED AND DELIVERED AT HOLA IN OPEN COURT THIS 9th DAY OF JULY, 2026. W. O. KOMBWAYO RESIDENT MAGISTRATE In the Presence of: Mr. Kagema for the State The accused - Present CA - Kofa Said/Kofa Alfred https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/278/eng@2026-07-09 2
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