[2010] KEHC 2225 (KLR)
The court found that while the appellant was properly convicted of possession of narcotic drugs, the sentence of 10 years' imprisonment was excessive given that she was a first offender. The judge exercised discretion to reduce the sentence to 5 years' imprisonment, effective from the original sentencing date, on...
Source-derived case information.
- Citation
- [2010] KEHC 2225 (KLR)
- Parties
- Appellant: Caroline Nyaboke; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 85 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Legal Topics
- Sentencing Principles, Narcotic Offences, Possession of Drugs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Nyaboke
Appellant
State
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years' imprisonment for possession of narcotic drugs was excessive given the appellant was a first offender.
Ratio Decidendi
The court found that while the appellant was properly convicted of possession of narcotic drugs, the sentence of 10 years' imprisonment was excessive given that she was a first offender. The judge exercised discretion to reduce the sentence to 5 years' imprisonment, effective from the original sentencing date, on the basis that the initial sentence was harsh and not proportionate to the circumstances of the case.
Court Disposition
sentence varied
Orders
- The sentence of 10 years' imprisonment is set aside.
- The appellant is sentenced to 5 years' imprisonment with effect from 18th August, 2008.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII
Criminal Appeal 85 of 2009
(From original conviction and sentence of the SRM’s Court at Nyamira in criminal case No. 298 of 2008 – J. Macharia, RM)
BETWEEN
CAROLINE NYABOKE …………………………………. APPELLANT
VERSUS
STATE …………………………………………………. RESPONDENT
JUDGMENT
The appellant was sentenced to 10 years’ imprisonment after being convicted of possession of narcotic drugs contrary tosection 3 (1)and3 (2)of theNarcotic and Psychotropic Substances (Control) Act No. 4 of 1994.
The particulars of the offence were that on the 19th day of April, 2008 along Kisii-Nyamira Roadin Nyamira District she was found in possession of 20 kilogrammes of Cannabis Sativa (Bhang).
Though she appealed against conviction and sentence, during the hearing of the appeal she abandoned the appeal against conviction and argued against sentence only.
The appellant was a first offender.In my view the sentence that was handed down is rather harsh.I set aside the sentence of 10 years’ imprisonment and substitute therefore a sentence of 5 years’ imprisonment with effect from18th August, 2008when she was sentenced.
DATED AT KISII THIS 15TH DAY OF JUNE, 2010.
D. MUSINGA
JUDGE.
15/6/2010
Before D. Musinga, J.
Mobisa – cc
Mr. Gitonga for the state
Appellant – present
Court:Judgment delivered in open court.
D. MUSINGA
JUDGE.