[2010] KEHC 1947 (KLR)
The High Court found that although the trial magistrate exercised proper discretion in sentencing, the quantity and value of the drugs trafficked were relatively low and the appellant had already served over two years in prison. Taking these factors into account, and considering the appellant's status as a first...
Source-derived case information.
- Citation
- [2010] KEHC 1947 (KLR)
- Parties
- Appellant: Benta Akello Adero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 128 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- DK Musinga
- Legal Topics
- Sentencing Principles, Narcotic Drugs Offences, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benta Akello Adero
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for trafficking in narcotic drugs was excessive in the circumstances.
- 2 Whether the appellant, as a first offender and being remorseful, was entitled to a reduced sentence.
Ratio Decidendi
The High Court found that although the trial magistrate exercised proper discretion in sentencing, the quantity and value of the drugs trafficked were relatively low and the appellant had already served over two years in prison. Taking these factors into account, and considering the appellant's status as a first offender, the court held that the sentence should be reduced to the period already served. The appellant was therefore ordered to be released unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The sentence is reduced to the period already served.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
Criminal Appeal 128 of 2009
BENTA AKELLO ADERO ………………………………. APPELLANT
VERSUS
REPUBLIC ……………………………………………. RESPONDENT
JUDGMENT
The appellant was charged with the offence of trafficking in narcotic drugs contrary tosection 4of theNarcotic Drugs and Psychotrotic Substances (Control) Act.The particulars of the offence were that on 4th June 2007 atNyamaharagaTownshipin Kuria district the appellant trafficked in 140 rolls of cannabis with an estimated value of Kshs. 4,200/=.After a full trial the appellant was found guilty, convicted and sentenced to five years’ imprisonment.She was also ordered to pay a fine of Kshs. 20,000/= in default to serve additional two years in prison.
Being aggrieved by the said sentence the appellant appealed against the same.She submitted that being a first offender who was remorseful the trial court ought to have given her a lighter sentence.
Mr. Mutai, Senior State Counsel, opposed the appeal.He submitted that the sentence meted out against the appellant was not excessive.
Although the learned trial magistrate cannot be faulted for having exercised his discretion in sentencing the appellant, I have taken into consideration the quantity and value of the drug that was being trafficked.I have also considered the fact that the appellant has been in prison for over two years.In the circumstances, I allow the appeal and reduce the sentence to the period already served.The appellant is set at liberty unless otherwise lawfully held.
DATED, SIGNED AND DELIVERED AT KISII THIS 14TH DAY OF MAY, 2010.
D. MUSINGA
JUDGE.
14/5/2010
Before D. Musinga, J.
Mobisa – cc
Mr. N. Mutuku for the state
Appellant present
COURT:Judgment delivered in open court on 14th day of May, 2010.
D. MUSINGA
JUDGE.