[2017] KEHC 3356 (KLR)
The court found that, although the sentence imposed was within the statutory limits for trafficking in narcotic drugs, it was excessive given that the appellant was a first offender and the circumstances of the case. The only valid ground of appeal was on the legality and extent of the sentence, as the appellant had...
Source-derived case information.
- Citation
- [2017] KEHC 3356 (KLR)
- Parties
- Appellant: Ambrose Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 42 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; sentence reduced
- Judges
- LM Njuguna
- Legal Topics
- Narcotic Drugs Trafficking, Sentencing Principles, Plea of Guilty, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ambrose Waweru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for trafficking narcotic drugs was excessive and lawful.
- 2 Whether the appellant, having pleaded guilty, could appeal against conviction or only against sentence.
Ratio Decidendi
The court found that, although the sentence imposed was within the statutory limits for trafficking in narcotic drugs, it was excessive given that the appellant was a first offender and the circumstances of the case. The only valid ground of appeal was on the legality and extent of the sentence, as the appellant had pleaded guilty. Exercising its discretion under Section 354 of the Criminal Procedure Code, the court reduced the imprisonment term from 10 years to 5 years and the fine from KES 1,000,000 to KES 500,000, holding that this would serve the interests of justice while remaining within the legal framework.
Court Disposition
appeal allowed in part; sentence reduced
Orders
- Imprisonment term reduced from 10 years to 5 years.
- Fine reduced from KES 1,000,000 to KES 500,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL 42 OF 2016
AMBROSE WAWERU…………………....…………APPELLANT
VERSUS
REPUBLIC………………………………................RESPONDENT
JUDGMENT
The Appellant herein was on the 6th day of June, 2016 convicted on his own plea of guilty and sentenced to pay a fine of 1 million or serve 10 years imprisonment.
He was charged with the offence of Trafficking of Narcotic Drugs contrary to Section 4 as read with Section 4 (a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994.
The particulars were that, on the 26th day of May, 2016 at Embu Township within Embu County, was found transporting Cannabis to wit 4,000 grammes and 43 rolls all valued at ksh 8,430 using motorcycle registration no KMDM 947S make skygo which was not in medical preparation in contravention to the said Act.
He has appealed to this court and has listed seven (7) grounds of Appeal in his petition of Appeal dated 29th day of August, 2016.
The Appeal proceeded by way of written submissions which I have duly considered. Though the Appellant has listed 7 grounds of Appeal, I wish to mention that since he pleaded guilty to the charge, Under Section 348 of the Criminal procedure Code, the only right he has of Appeal is with respect to the extent and the legality of the sentence and not against the conviction.
In view of the observation made hereinabove, the only valid ground of Appeal is ground 6 in which he has challenged the sentence, on the ground that it is excessive. He was charged under Section 4 (a) of the Narcotic Drugs and Psychotropic Substances Control Act which provides for a fine of 1 million or three times the market value of the narcotic drugs whichever is greater in addition to life sentence.
In her submissions, the learned state Counsel argued that the sentence is not harsh considering the maximum sentence that is provided for under the law.
This court has considered that the Appellant is a first offender. The sentence is legal as it is within the law, however, I find the same to be rather high and pursuant to the provisions of Section 354 of the CPC, I allow the Appeal and hereby reduce the imprisonment term to 5 years and the fine to 500,000.
It is so ordered.
Dated, Signed and Delivered at Embu this 2nd Day of October, 2017.
…………………
L. NJUGUNA
JUDGE
In the Presence of
…………………………. for the Appellant
………………………for the Respondent