[2006] KEHC 1100 (KLR)
The court found that the sentence of six years imprisonment was excessive given the relatively low value of the drugs (Kshs. 2,000), the appellant's status as a first offender, her plea of guilty, and her personal circumstances as the sole breadwinner. The judge determined that the period already served in custody...
Source-derived case information.
- Citation
- [2006] KEHC 1100 (KLR)
- Parties
- Appellant: Consolata Achieng Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 266 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to period already served; appellant released unless otherwise lawfully held
- Legal Topics
- Sentencing Principles, Narcotic Offences, Plea of Guilty, Mitigation, Drug Trafficking, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Consolata Achieng Odongo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of six years imprisonment for trafficking in narcotic drugs was excessive in the circumstances.
- 2 Whether the trial court properly considered the appellant's mitigation and personal circumstances before sentencing.
Ratio Decidendi
The court found that the sentence of six years imprisonment was excessive given the relatively low value of the drugs (Kshs. 2,000), the appellant's status as a first offender, her plea of guilty, and her personal circumstances as the sole breadwinner. The judge determined that the period already served in custody constituted adequate punishment for the offence. Accordingly, the sentence was commuted to the time already served, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
sentence reduced to period already served; appellant released unless otherwise lawfully held
Orders
- The appellant's sentence is commuted to the period already served.
- The appellant is to be released from prison forthwith unless otherwise held for some other lawful case.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Appeal 266 of 2004
[From Original Conviction and Sentence in Criminal Case No. 2212 of 2004 of the Chief Magistrate’s Court at Nakuru –
G.C. Mutembei – S.P.M]
CONSOLATA ACHIENG ODONGO ….….…........................................……… APPELLANT
VERSUS
REPUBLIC …………………..............................………….………………….RESPONDENT
JUDGMENT
The appellant, Consolata Achieng Adongo was charged with the offence of trafficking in Narcotic drugs contrary to Section 4 (a)of theNarcotice Drugs and Psychotropic Substances Control Act No. 4 of 1994.
The particulars of the charge are stated that on the 20th day of September 2004 at around 2. 30 p.m. between Molo - Elburgon Railway Section in Nakuru district within Rift Valley Province was found trafficking in Narcotic drugs (canabis sativa) weighing 2 kilograms with a street value of Kshs.2,000/- while travelling from Kisumu to Nairobi aboard H.O.8 Kisumu – Nakuru passenger train (I).
The appellant was arraigned in court on 21st September 2004 whereby she was charged with the offence and pleaded guilty. She was thus convicted on her own plea of guilty and sentenced to serve six (6) years imprisonment.
The appellant has appealed against the sentence. She submitted that the sentence is excessive, she also recalled her mitigation to the trial court and her circumstances which was not taken into consideration by the trial court when the sentence of six (6) years was imposed.
The appellant submitted that her circumstances as the sole breadwinner of her family have been exacerbated by her incarceration. She pleaded that she has reformed during the time she has been in prison and promised to become a law abiding citizen and appealed for leniency.
I have carefully considered the circumstances of the appellant and the value of the drugs that were found in her possession was Kshs.2,000/-.
I am of the view that the appellant who was arraigned in court on 5th September 2004 and has remained in lawful custody ever since, that is adequate punishment for the offence committed. Her sentence is therefore commuted to the period already served. The appellant is hereby released from prison forthwith unless otherwise held for some other lawful case.
Judgment read and signed at Nakuru this 13th July 2006
MARTHA KOOME
JUDGE