[2015] KEHC 2328 (KLR)
The court found that the sentence of two years imprisonment imposed on the applicant, a first offender convicted of possession of cannabis sativa, was within the statutory maximum of ten years and could not be considered harsh or excessive. The court further held that there was no illegality, impropriety, or...
Source-derived case information.
- Citation
- [2015] KEHC 2328 (KLR)
- Parties
- Applicant: Feisal Mohamed Saburi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 165 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Principles, Revision Jurisdiction, Narcotic Drugs Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Feisal Mohamed Saburi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of two years imprisonment without the option of a fine for a first offender convicted of possession of narcotic drugs was harsh or excessive.
- 2 Whether the trial court erred in law or procedure in sentencing the applicant.
Ratio Decidendi
The court found that the sentence of two years imprisonment imposed on the applicant, a first offender convicted of possession of cannabis sativa, was within the statutory maximum of ten years and could not be considered harsh or excessive. The court further held that there was no illegality, impropriety, or incorrectness in the sentence or conviction as passed by the trial magistrate. Consequently, there was no basis for the High Court to interfere with the conviction or sentence under its revisionary jurisdiction.
Court Disposition
application dismissed
Orders
- The application for revision is disallowed.
- The conviction and sentence of the trial court are upheld.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. 165 OF 2015
(From the original Conviction and Sentence in Criminal Case No. 2005 of 2015 of the Chief Magistrate's Court at Mombasa – Hon. Shitubi – CM).
FEISAL MOHAMED SABURI …....................................………..APPLICANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
RULING
This revision was brought by way of a letter dated 30th July, 2015.
The Accused in criminal case No. 2005 of 2015 was Convicted and Sentenced to two (2) years imprisonment for the offence of being in possession of narcotic drugs contrary to section 3(1) as read with section 2(a) of the Narcotic Drugs and Psychotropic substances Control Act No. 4 of 1994.
The grounds for the review are that the Accused was Sentenced to two (2) years imprisonment without being afforded the option of a fine. He was a first offender. He had admitted the offence and was remorseful.
The Accused person was Convicted in respect of the offence of possession of drugs contrary to section 3(1) as read with section 3(a) of the Act.
The penalty prescribed for possession in respect of Cannabis Sativa which is meant for consumption is a maximum of ten (10) years.
The Accused was Sentenced to two (2) years imprisonment. That Sentence cannot be said to be harsh and excessive.
Section 356 of the Criminal Procedure Code provides,
“The High Court may call for and examine the record of any Criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, Sentence or order recorded or passed and as to the regularity of any proceedings of any such subordinate Court”.
In the instant case there is no illegality, impropriety and incorrectness in the Sentence passed by the trial magistrate.
I find no good ground to interfere with both the Conviction and Sentence. Application is disallowed.
Ruling delivered, dated and signed this 5th day of October, 2015.
…..................
M. MUYA
JUDGE
5TH OCTOBER, 2015
In open Court and in the presence of:-
Learned Counsel for the prosecution Mr. Masila
Learned Counsel for the Applicant Mr. Were
Court Assistant Mr. Musundi