[2002] KEHC 471 (KLR)
The court held that the offence of possession of cannabis sativa is serious, particularly where the quantity is large and there is clear intent to sell. The devastating effects of cannabis sativa on consumers, especially youths, justify the imposition of a deterrent sentence. The sentence of five years imprisonment...
Source-derived case information.
- Citation
- [2002] KEHC 471 (KLR)
- Parties
- Appellant: Isaiah Wanjala Shiundu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- ? 16 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Possession of Narcotics, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Wanjala Shiundu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment for possession of cannabis sativa was harsh or excessive.
- 2 Whether the quantity and intent to sell justified a deterrent sentence.
Ratio Decidendi
The court held that the offence of possession of cannabis sativa is serious, particularly where the quantity is large and there is clear intent to sell. The devastating effects of cannabis sativa on consumers, especially youths, justify the imposition of a deterrent sentence. The sentence of five years imprisonment was neither harsh nor excessive in the circumstances, given the appellant's intention to distribute the drug and the need to protect society from its harmful effects.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
Isaiah Wanjala Shiundu v Republic
REPUBLIC OF KENYA High Court, at Kericho September 23, 2002 Ondeyo J
Criminal Appeal No 16 of 2002 (From original Kericho P. M. Criminal Case No. 3865/2001 the original conviction and sentence of Mrs. R. Ngetich – R.M)
September 23, 2002, Ondeyo J delivered the following Judgment.
The appellant was convicted on his own plea of guilty and sentenced to five (5) years imprisonment for the offence of being in possession of cannabis satina contrary to section 3 (1) read with section 2 (a) of the narcotic drugs and psychotropic substances control act No. 4 of 1984.
He appeals against sentence.
On the material day i.e. 23rd December, 2001 at about 10. 00 a.m. at Kapsongoi barrier, the appellant who was carrying something in a bag was stopped by security guards attached to A.H.P company. The bag was searched and found to contain six stones (6) of cannabis satina. He was arrested and charged. The six stones (samples) were sent to the Government Chemist and found to be cannabis sativa.
This was a large quantity although its value was not shown, the appellant clearly intended to sell it.
The devastating effects of cannabis sativa on its consumance cannot be ignored by the court. Man youths have been destroyed because of smoking cannabis satina.
The offence is therefore very serious and a deterrent sentence was called for in view of the quantity.
A sentence of five years was called for. The appellant was obviously going to sell six stones so that the same is consumed by others.
Taking this into account, I do not think that a sentence of 5 years was in the circumstances harsh or excessive.
I dismiss appeal against sentence.
Right of appeal 14 days (on the law).