[2018] KEHC 7294 (KLR)
The High Court held that the trial court imposed the minimum sentence required by Section 4(3) of the Firearms Act for possession of a firearm and ammunition without a certificate. The appellant's mitigation was found to be untruthful and inconsistent with the evidence on record. Since the sentence was lawful and at...
Source-derived case information.
- Citation
- [2018] KEHC 7294 (KLR)
- Parties
- Appellant: Abdi Godana; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 35 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence confirmed
- Judges
- MM Kasango
- Legal Topics
- Sentencing Principles, Firearms Offences, Minimum Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abdi Godana
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was lawful and subject to appellate interference.
- 2 Whether the appellant's mitigation warranted reduction of sentence.
Ratio Decidendi
The High Court held that the trial court imposed the minimum sentence required by Section 4(3) of the Firearms Act for possession of a firearm and ammunition without a certificate. The appellant's mitigation was found to be untruthful and inconsistent with the evidence on record. Since the sentence was lawful and at the statutory minimum, the appellate court had no legal basis to interfere with it. The appeal against sentence was therefore dismissed and the sentence confirmed.
Court Disposition
appeal dismissed; sentence confirmed
Orders
- The appeal against sentence is dismissed.
- The trial court’s sentence is confirmed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL APPEAL CASE NO.35 OF 2017
ABDI GODANA.........................................................APPELLANT
VERSUS
REPUBLIC..............................................................RESPONDENT
(Being an appeal from the original conviction and sentence byHon. E.Ngigi – Senior Resident Magistrate dated 17th February,2017 in Nanyuki Chief Magistrate Court Criminal Case No.724 of 2012)
JUDGMENT
1. ABDI GODANAwas charged before Nanyuki Chief Magistrate’s court with the offence of being in possession of firearm, on count one and of being in possession of ammunition on count two, without a certificate Contrary to Section 4 (1) as read with Section 4 (3) of the Firearms Act. On conviction he was sentenced to 7 years on each count with those sentences running concurrently. He has filed this appeal against sentence.
2. The appellant’s submissions in support of his appeal amounts to mitigation – but it is mitigations which are not truthful. He mitigated that he had eight children who solely depend on him because; he is an orphan; and his wife died in the year 2007.
3. That mitigation goes contrary to his defence evidence by Ada Godana, D W 3 his sister. D W 3 in evidence stated that on the day of appellant’s wasarrested 9th July 2012, appellant’s wife and children were present.
4. From that evidence it becomes clear that appellant’s wife did not die in the year 2007, as he submitted.
5. That aside, it is important to note, as was correctly submitted by the Principal Prosecution Counsel Mr Tanui for the respondent, that the sentenced passed by the trial court was the bare minimum sentence set out in Section 4(3) of the Firearms Act. This Court therefore cannot interfere with the trial court sentence. To do so would be unlawful.
6. In view of the above the appeal against sentence is hereby dismissed. The trial court’s sentence is confirmed.
Dated and Delivered at Nanyuki this 18th April 2018
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Appellant Abdi Godana
For state: ……………………
Language ……………………
COURT
Judgment delivered in open court
MARY KASANGO
JUDGE