Case ID:178290

Charles Owino Odhiambo v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Revision E050 of 2021

Parties:

Charles Owino Odhiambo v Republic

Date Delivered:

24 Jun 2021

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Charles Owino Odhiambo v Republic [2021] eKLR

Case History:

(Being an Application for Revision of sentence in Ukwala PMCCRC 125 of 2021 on 1.3.2021 by Hon. C.I. Agutu - Senior Resident Magistrate)

Court Division:

Criminal

County:

Siaya

History Docket No:

Criminal Case 125 of 2021

Extract:

0

History Magistrate:

Hon. C.I. Agutu - SRM

History County:

Siaya

Case Outcome:

Applicant set at liberty.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION E050 OF 2021

CHARLES OWINO ODHIAMBO....................APPLICANT

VERSUS

REPUBLIC.....................................................RESPONDENT

(Being an Application for Revision of sentence in Ukwala PMCCRC

125 of 2021 on 1.3.2021 by Hon. C.I. Agutu - Senior Resident Magistrate)

RULING

1. The applicant is

Charles Owino Odhiambo

aged 42 years old. He was charged with the offence of being in possession of narcotic drugs contrary to

Section 3(1) as read with Section 3(2) (a) of the Narcotic drugs and Psychopic(sic) Substances control Act No. 4 of 1994

. He is recorded as having pleaded guilty to the charge and facts upon which he mitigated and was sentenced to a five of KShs.150,000/= in default to serve two years imprisonment. The 11 brooms of bhang were to be destroyed.

2. From the above record of proceedings, it is clear that the plea was unequivocal as there is no Conviction of the applicant. There is also no evidence that the 11 brooms produced as exhibit 1 were Cannabis Sativa (bhang).

3. In view of the serious irregularities in the proceedings which irregularities are material and fatal, I hereby quash the proceedings of 1.3.2021 conducted by Hon. C.I. Agutu, Senior Resident Magistrate, Ukwala and set aside the sentence imposed on the applicant who has already served nearly 4 months of the 2 years imprisonment.

4. Unless otherwise lawfully held, the applicant Charles Owino Odhiambo is hereby set at liberty forthwith.

5. File closed.

6. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 24

TH

DAY OF JUNE, 2021

R.E. ABURILI

JUDGE