[2012] KEHC 891 (KLR)
The court found that the appellant pleaded guilty to possession of narcotic drugs and was sentenced to a fine of Ksh. 500,000 or ten years imprisonment. The facts presented indicated trafficking, which would attract a harsher sentence of twenty years imprisonment. However, the trial court imposed a more lenient...
Source-derived case information.
- Citation
- [2012] KEHC 891 (KLR)
- Parties
- Appellant: Johnstone Kamau Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 319 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- GO Shikwe
- Legal Topics
- Narcotic Possession, Sentencing Guidelines, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnstone Kamau Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for possession of narcotic drugs was appropriate under the law.
- 2 Whether the appellant satisfied the court that the cannabis was for his own consumption.
Ratio Decidendi
The court found that the appellant pleaded guilty to possession of narcotic drugs and was sentenced to a fine of Ksh. 500,000 or ten years imprisonment. The facts presented indicated trafficking, which would attract a harsher sentence of twenty years imprisonment. However, the trial court imposed a more lenient sentence of ten years with an option of a fine, despite the absence of evidence that the cannabis was for the appellant's own consumption. The appellate court held that there was no justification to interfere with the sentence, as the trial court had already exercised leniency in favor of the appellant.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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JOHNSTONE KAMAU MWANGI …......................................APPELLANT
VERSUS
REPUBLIC …........................................................................ RESPONDENT
(From the Original Conviction and Sentence in the Criminal Case No. 2900 of 2008 of the Chief Magistrate's Court at Mombasa– H.B. Yator - RM)
JUDGMENT
The appellant was Convicted and Sentenced to a fine of Ksh. 500,000/= or ten 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.
He pleaded guilty to the charge and was Convicted on his own plea. He appeals against the Sentence only.
The penalty for possession of Narcotics drugs is provided for under section 3(2) (a) thus ,
“A person guilty of an offence under sub section I shall be liable … in respect of Cannabis Sativa, where the person satisfies the Court that the Cannabis was intended solely for his own consumption to imprisonment for ten years and in every other case to imprisonment for twenty years.”
The facts presented to the trial Court by the prosecutor were to the effect that police officers got information that there was a person selling Bhang at a nearby Bus Stage, they proceeded there and found the Accused making rolls of Cannabis Sativa. Upon search he was found with eighty one (81) rolls. The facts given by the prosecution point to trafficking which attracts a Sentence of twenty (20) years imprisonment but the appellant was sentenced to ten years with an option of fine. There is nothing to show that the appellant had satisfied the Court that the Cannabis was for his own consumption. I do find the trial Court to have been lenient on him. There is no good reason to disturb the Sentence.
His appeal is dismissed.
Judgment dated and delivered this 27th day of November, 2012.
….....................
M. MUYA
JUDGE
In the presence of:-
Mr. Tanui for the State
The appellant himself
Court clerk – Mr. Musundi