[2019] KEHC 8155 (KLR)
The court found that the period of 17 months already served by the appellant, combined with the mental anguish of delivering and raising a child in prison and the hardship to her other children, constituted sufficient punishment for the offence of trafficking in narcotic drugs. The court agreed with the State's...
Source-derived case information.
- Citation
- [2019] KEHC 8155 (KLR)
- Parties
- Appellant: Annastacia Nduku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 31 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed on sentence only
- Legal Topics
- Sentencing Appeals, Narcotic Offences, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annastacia Nduku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for trafficking in narcotic drugs was excessive in the circumstances.
- 2 Whether the period already served by the appellant constituted sufficient punishment.
Ratio Decidendi
The court found that the period of 17 months already served by the appellant, combined with the mental anguish of delivering and raising a child in prison and the hardship to her other children, constituted sufficient punishment for the offence of trafficking in narcotic drugs. The court agreed with the State's concession and held that further incarceration would be unduly harsh given the circumstances. Accordingly, the original sentence was set aside and substituted with the period already served.
Court Disposition
appeal allowed on sentence only
Orders
- The sentence imposed on the appellant is set aside and substituted with the period already served.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRA NO. 31 OF 2019
ANNASTACIA NDUKU....................................................APPELLANT
-VERSUS-
REPUBLIC.....................................................................RESPONDENT
JUDGMENT
1. Anastacia Nduku the Appellant was charged and convicted of the offence of trafficking in narcotic drugs contrary to Section 4 (a) of the Narcotic and Psychotropic Substance Act of 1994. She was fined Kshs.300,000/= in default three (3) years imprisonment, on 17th November, 2017.
2. She was not able to pay the fine and is serving sentence. Her appeal is against sentence only.
3. Ms. Owenga for the State has conceded the appeal saying the sentence already served is sufficient.
4. The Appellant was found in possession of bhang and some bhang seeds in June 2017. By the time she was convicted and sentenced she was heavy with child. She eventually delivered a baby girl who she is with in prison.
5. She has served 17 months (i.e. 1 year, 5 months) of the sentence imposed on her. Considering what was recovered from her, the baby she delivered while in prison and the other children she left unattended, I believe she has had enough mental torture which should not be allowed to go on.
6. I agree with the State that what the Appellant has served is sufficient punishment. I allow the appeal on sentence only. The sentence is set aside and substituted with the period already served.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 30TH DAY OF APRIL 2019, IN OPEN COURT AT MAKUENI.
..........................
H. I. ONG’UDI
JUDGE