[2020] KEHC 131 (KLR)
The court found that, although the appellant had a prior conviction for manslaughter and the pre-sentence report indicated an unsuitable home environment for non-custodial release, the 10-year sentence imposed for the narcotics offence was harsh and excessive given the quantity involved. The judge determined that a...
Source-derived case information.
- Citation
- [2020] KEHC 131 (KLR)
- Parties
- Appellant: Joel Abuka Oriri; Respondent: Republic through ODPP
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 7 of 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Legal Topics
- Sentencing Review, Narcotics Offences, Recidivism, Rehabilitation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Abuka Oriri
Appellant
Republic through ODPP
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for the narcotics offence was harsh and excessive.
- 2 Whether the appellant's previous conviction and rehabilitation status justified the original sentence.
Ratio Decidendi
The court found that, although the appellant had a prior conviction for manslaughter and the pre-sentence report indicated an unsuitable home environment for non-custodial release, the 10-year sentence imposed for the narcotics offence was harsh and excessive given the quantity involved. The judge determined that a custodial sentence was still warranted due to the appellant's recidivism and incomplete rehabilitation, but that justice would be better served by reducing the sentence to 4 years' imprisonment. The new sentence was ordered to run from the date of the original sentence in the lower court.
Court Disposition
sentence varied
Orders
- The sentence of 10 years imprisonment is set aside.
- The appellant is sentenced to 4 years imprisonment to run from the date of sentence at the lower court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: A.K NDUNG’U J.
CRIMINAL APPEAL NO. 7 OF 2020
JOEL ABUKA ORIRI.........................................APPELLANT
VERSUS
REPUBLIC through ODPP..............................RESPONDENT
(An appeal from the conviction and sentence of Hon. C.R.T Ateya, RM dated
and delivered on the 12th day of April 2019 in the original Ogembo PMCR No. 1339 of 2017)
JUDGEMENT
I have considered the application for reviewing of the sentence. I have noted the sentiments of the Probation Officer who did the pre-sentence report before sentencing. The report shows home environment was not fit for release of the applicant on a custodial sentence.
I have noted the applicant had an earlier charge of manslaughter and this offence has been committed after he left prison. His rehabilitation appears not to have been complete during the time he served a term for manslaughter.
In the circumstances, however, I note from the amount of narcotic 10 years imprisonment was on the higher side. It is harsh and excessive. I set aside the sentence of 10 years imprisonment and substitute thereof a term of imprisonment for 4 years to run from the date of sentence at lower court.
Dated and delivered at Kisii this 25th day of February 2020.
A.K NDUNG’U
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Appellant in person