[1998] KEHC 173 (KLR)
The court found that the prosecution's evidence, provided by two police officers, was consistent and corroborative regarding both the arrest and the recovery of the subject matter. The trial magistrate was justified in finding the prosecution's evidence credible and in convicting the appellant. There was no basis...
Source-derived case information.
- Citation
- [1998] KEHC 173 (KLR)
- Parties
- Appellant: James Onyango Mundanya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 122 of 1996
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Preparation to Commit Felony, Possession of Cannabis Sativa, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Onyango Mundanya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for preparation to commit a felony and possession of cannabis sativa was supported by credible evidence.
- 2 Whether the sentences imposed were justified and should run concurrently with other sentences.
Ratio Decidendi
The court found that the prosecution's evidence, provided by two police officers, was consistent and corroborative regarding both the arrest and the recovery of the subject matter. The trial magistrate was justified in finding the prosecution's evidence credible and in convicting the appellant. There was no basis for ordering the sentences to run concurrently with unrelated sentences. The appeal lacked merit and was dismissed as the convictions and sentences were well founded.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 122 OF 1996
(From Original Conviction(s) and Sentence(s) in Criminal Appeal No. 3049 of 1994 of the Principal Magistrate’s Court at MAKADARA M.M. MUYA
JAMES ONYANGO MUNDANYA.................................APPELLANT VERSUS REPUBLIC.......................................................................RESPONDENT
J U D G M E N T
The appellant was convicted of the offence of preparation to commit a felony in count one and being in possession of cannabis sativa in count two.
On count one he was sentenced to 2 years imprisonment with one stroke of the cane and on count two he was sentenced to 6 months imprisonment. He appealed.
The two witnesses called by the prosecution were both police officers. Their respective testimonies were consistent and corroborative, both in the arrest and recovery of the offensive subject matter. Viewed against the defence offered by the appellant, the learned trial magistrate was right to find the evidence adduced by the prosecution to be credible. The conviction was well founded and sentences merited. There is nothing on record to show that the offences which were being tried related to my other so as to lead the court order the sentences to run concurrent with any other except those imposed. In any case the appellant has already served the sentences save that he cannot be released as he is still serving sentences in matters not related to the present. In the end the appeal is dismissed.
Order accordingly
Dated and delivered at Nairobi this 18th day of December, 1998
A. MBOGHOLI MSAGHA
JUDGE