[2014] KEHC 1857 (KLR)
The appellate court found that the sentence imposed for count 2 (possession of forged currency) was within the law, as the maximum penalty is seven years and the appellant was sentenced to two years. For count 1 (trafficking in narcotic drugs), the sentence of three years imprisonment was not within the statutory...
Source-derived case information.
- Citation
- [2014] KEHC 1857 (KLR)
- Parties
- Appellant: Dominic Kyalo Munyoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 5 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence confirmed
- Judges
- LN Mutende
- Legal Topics
- Narcotic Drug Offences, Sentencing Principles, Possession of Forged Currency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Kyalo Munyoki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was lawful and appropriate in the circumstances.
- 2 Whether the appellate court should interfere with the sentence imposed on the appellant.
Ratio Decidendi
The appellate court found that the sentence imposed for count 2 (possession of forged currency) was within the law, as the maximum penalty is seven years and the appellant was sentenced to two years. For count 1 (trafficking in narcotic drugs), the sentence of three years imprisonment was not within the statutory minimum, as the law provides for a much harsher penalty. However, since the State did not seek enhancement of the sentence, the court declined to interfere. The appeal on sentence was found to lack merit, and the sentences imposed by the trial court were confirmed.
Court Disposition
appeal dismissed; sentence confirmed
Orders
- The appeal on sentence is dismissed.
- The sentence passed in respect of both counts is confirmed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL APPEAL NO. 5 OF 2013
DOMINIC KYALO MUNYOKI …………………………….APPELLANT
VERSUS
REPUBLIC ……………………………………………………RESPONDENT
(Being an appeal from the original conviction and sentence in Makueni Criminal Case No. 26 of 2013 by Hon. Yator, AG SRM on 22/1/2012)
JUDGMENT
Dominic Kyalo Munyoki, was charged with two (2) counts;
Count 1- Trafficking Narcotic Drugs (bhang) contrary to Section 4(a) of the Narcotic Drug and Psychotropic Substance Control Act No. 4 of 1994.
Count 2– Possession of forged currency note contrary to Section 359 of the Penal Code.
He was convicted on his own plea of guilty and sentenced as hereunder:-
Count 1 - 3 years imprisonment
Count 2- 2 years imprisonment
He now mitigates on sentence on the grounds that he has a wife and three (3) children who solely depend upon him.
The State opposed the application and called upon the court to uphold the sentence.
It behooves this court being the first appellate court to reconsider the trial court’s record and come to its own conclusions.
This court can only interfere with the sentence imposed by the trial court if it is evident that the court acted upon some wrong principles or overlooked some material facts or if the sentence was manifestly harsh or excessive in the circumstances. (see Wagunda versus Republic [1983] KLR 569).
The penalty provided for the offence of Trafficking in Narcotic Drugs is a fine of One Million Shilling or three times the market value of the Narcotic Drug or Psychotropic Substance, whichever is the greater, and, in addition, to imprisonment for life.
With regard to count 2, a person being found in possession of forged currency is liable to imprisonment for seven (7) years.
The sentence imposed in respect of count 2 was within the law. The sentence imposed in count 1 was not within the law. However, the State having not sought enhancement, I find the appeal on sentence lacking merit. I therefore dismiss the appeal and confirm the sentence passed on in respect of both counts.
It is ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 8THday of OCTOBER 2014.
L.N. MUTENDE
JUDGE