[2019] KEHC 2251 (KLR)
The appellate court found that the trial court exercised its sentencing discretion in favour of the appellant by treating the possession as being for personal consumption, resulting in a relatively lenient sentence of 2½ years imprisonment. The court held that there was no justifiable reason to interfere with the...
Source-derived case information.
- Citation
- [2019] KEHC 2251 (KLR)
- Parties
- Appellant: David Kingori Mwiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 70 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Narcotic Drugs Possession, Sentencing Principles, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kingori Mwiti
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for unlawful possession of narcotic drugs was excessive or warranted interference by the appellate court.
Ratio Decidendi
The appellate court found that the trial court exercised its sentencing discretion in favour of the appellant by treating the possession as being for personal consumption, resulting in a relatively lenient sentence of 2½ years imprisonment. The court held that there was no justifiable reason to interfere with the sentence, as it was lawful, proportionate, and within the statutory limits. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appellant's appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL APPEAL NO 70 OF 2018
DAVID KINGORI MWITI............................................................APPELLANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
(Appeal from original Sentence dated 15/03/2018 in Nanyuki CM Criminal Case No 1236 of 2016 – L Mutai, CM)
J U D G M E N T
1. The Appellant herein, DAVID KING’ORI MWITI, was convicted after trial, of unlawfully being in possession of narcotic drugs contrary to section 3(2) of the Narcotic Drugs & Psychotropic Substances (Control) Act, No 4 of 1994. It was alleged in the particulars of the charge that on 22/10/2016 at Gathiuru Forest in Nyeri County he was found in possession of 40 stones of bhang, 22 rolls of cannabis and one bottle of cannabis seeds, all of which were not in medicinal preparation, in contravention of the Act. On 15/03/2018 he was sentenced to serve 2½ years imprisonment. He has appealed only against that sentence.
2. Section 3(2) (a) of the Act provides as follows:-
“(2) A person guilty of an offence under subsection (1) shall be liable -
(a) in respect to cannabis, where the person satisfies the court that the cannabis was intended solely for his own consumption, to imprisonment for ten years and in every other case to imprisonment for twenty years….”
Given the quantity of cannabis that the Appellant had in his possession, he was lucky in that the trial court appeared to take the view that it was for his own consumption. Otherwise, he would have gotten a much longer sentence.
3. The trial court exercised its discretion in sentencing very much in his favour, and he has no cause to complain against the relatively lenient sentence he got. In any event, I find no justifiable cause to interfere with that sentence.
4. The Appellant’s appeal against sentence is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 6TH DAY OF NOVEMBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 7TH DAY OF NOVEMBER 2019