[2002] KEHC 1091 (KLR)
The court found that although the appellant was not a first offender and had a relevant previous conviction, the sentence of seven years imprisonment for possession of four rolls of cannabis sativa was harsh and excessive. The court considered the quantity of the drug and the time elapsed since the last conviction....
Source-derived case information.
- Citation
- [2002] KEHC 1091 (KLR)
- Parties
- Appellant: Francis Njuguna Warua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1230 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Sentence reduced; appeal otherwise dismissed.
- Legal Topics
- Narcotic Offences, Sentencing Principles, Possession of Drugs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Njuguna Warua
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment for possession of narcotic drugs was harsh and excessive.
- 2 Whether the appellant's previous convictions justified the sentence imposed.
Ratio Decidendi
The court found that although the appellant was not a first offender and had a relevant previous conviction, the sentence of seven years imprisonment for possession of four rolls of cannabis sativa was harsh and excessive. The court considered the quantity of the drug and the time elapsed since the last conviction. Consequently, the sentence was reduced to four years imprisonment, as this was deemed sufficient to meet the ends of justice given the circumstances.
Court Disposition
Sentence reduced; appeal otherwise dismissed.
Orders
- The sentence of seven years imprisonment is set aside and substituted with a sentence of four years imprisonment.
- The appeal against conviction is dismissed.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COUR TOF KENYA AT NAIROBCRIMINAL APPEAL NO. 1230 OF 2001IN THE HIGH COUR TOF KENYA AT NAIROBI CRIMINAL APPEAL NO. 1230 OF 2001
FRANCIS NJUGUNA WARUA………………….………..…..APELLANT VERSUS REPUBLIC…………………………………………...……...RESPONDENT
JUDGMENT
The appellant was convicted of the offence of being in possession of Narcotic Drug C/s 3(1) of the Narcotic Drug and Psycotropic substances Control Act no. 4 of 1994 as read with section 2(a) of the same act and sentenced to 7 years imprisonment.
This appeal is against sentence only. The appellant had the subject matter within court premises that is at the cells. The same was delivered to him by a relative. He had asked for the same according to the evidence that was adduced during the trial.
The appellant was not a first offender as at the time of conviction. He had three previous convictions, one of those relevant to the present. Perhaps, in his favour is that, the last such previous conviction was five years old as at the time he was sentenced. That however does not reduce the serious wish of the offence There were only 4 rolls of cannabis sativa. They may not have been for commercial use. The sentence of seven years appears harsh and excessive. I shall interfere with the said sentence by reducing the same to four years. It is so ordered. Otherwise the appeal is dismissed.
Orders accordingly. MBOGHOLI MSAGHA JUDGE 5th December, 2002