Okech v Republic (Criminal Revision E276 of 2024) [2024] KEHC 16451 (KLR) (30 December 2024) (Ruling)
Neutral citation:
[2024] KEHC 16451 (KLR)
Republic of Kenya
Criminal Revision E276 of 2024
RE Aburili, J
December 30, 2024
Between
Ayub Okech
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu CM’s Court Criminal Case No. E030 of 2024)
Ruling
1.The convict was fined Kshs 51,000 in default to serve one (1) year imprisonment for the offence of being in possession of 25.6 grams of cannabis sativa whose street value was Kshs 1,050. The probation report filed revealed that he was an addict smoker. He has been in prison since his arrest on 24/1/2024.
2.He has learnt lessons and weaned off the addiction. In the spirit of prison decongestion, I order that the sentence served is sufficient as he was unable to raise the fine due to poor socio-economic situation in his family.
3.Unless otherwise lawfully held, Ayub Okech is hereby set at liberty forthwith.
4.This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF DECEMBER, 2024R. E. ABURILIJUDGE