[2008] KEHC 565 (KLR)
The court held that the sentence of five years' imprisonment for trafficking in 280 rolls of bhang was not harsh given the seriousness of the offence and the commercial quantity involved. The appellant's plea of guilty did not warrant a reduction in sentence due to the gravity of the offence. The appeal lacked merit...
Source-derived case information.
- Citation
- [2008] KEHC 565 (KLR)
- Parties
- Appellant: Conjelo Otieno Ogidi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 88 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Narcotic Drugs Offences, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Conjelo Otieno Ogidi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years' imprisonment for trafficking in narcotic drugs was harsh or excessive.
- 2 Whether the appellant's plea of guilty warranted a reduction of sentence.
Ratio Decidendi
The court held that the sentence of five years' imprisonment for trafficking in 280 rolls of bhang was not harsh given the seriousness of the offence and the commercial quantity involved. The appellant's plea of guilty did not warrant a reduction in sentence due to the gravity of the offence. The appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of five years' imprisonment is upheld.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII
Criminal Appeal 88 of 2007
CONJELO OTIENO OGIDI ……………..….…....…….. APPELLANT
VERSUS
REPUBLIC ……………………………..……………. RESPONDENT
(From original conviction and sentence in the Principal Magistrate’s Court
Kehancha Criminal Case No.1083 of 2006 by M. K. K. SEREM, SRM)
JUDGMENT
The appellant was convicted on his own plea of guilty to a charge of trafficking in Narcortic Drugs contrary to Section 4(1)of the Narcotic Drugs and Psychotropic Substances Control Act No.4 of 1994. The appellant was carrying 280 rolls of bhang in a bag when he was arrested on 28th November, 2006.
The appellant was sentenced to five years’ imprisonment. In his appeal he urged the court to reduce the jail term. Mr. Kemo, Principal State Counsel,opposed the appeal saying that the quantity of the drugs involved clearly demonstrated that it was for commercial purposes.
I agree with Mr. Kemo. I do not find the sentence of the five years’ imprisonment to be harsh for such a serious offence. The appeal is without merit and I dismiss the same.
DATED, SIGNED and DELIVERED at KISIIthis 28thDay of October, 2008.
D. MUSINGA.
JUDGE.
Delivered in the open court in the presence of:
N/A for the appellant.
Mr. Kemo, Principal State Counsel for the Republic
D. MUSINGA
JUDGE.