[2016] KEHC 2025 (KLR)
The court found that the imposition of the maximum sentence of ten years imprisonment for possession of 23 rolls of bhang was not warranted, particularly as the appellant was a first offender and the quantity suggested personal use. The trial magistrate failed to consider alternative sentencing options. The High...
Source-derived case information.
- Citation
- [2016] KEHC 2025 (KLR)
- Parties
- Appellant: Joseph Ndungu Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 258 of 2015
- Procedural Posture
- Criminal Appeal / Sentence Review
- Outcome
- appeal allowed in part
- Judges
- JV Juma
- Legal Topics
- Sentencing Principles, Possession of Narcotics, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ndungu Waweru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentence Review
Legal Issues
- 1 Whether the ten-year sentence imposed on the appellant for possession of bhang was harsh and excessive.
- 2 Whether the trial magistrate erred by not considering an alternative sentence for a first offender.
Ratio Decidendi
The court found that the imposition of the maximum sentence of ten years imprisonment for possession of 23 rolls of bhang was not warranted, particularly as the appellant was a first offender and the quantity suggested personal use. The trial magistrate failed to consider alternative sentencing options. The High Court therefore set aside the custodial sentence and substituted it with a fine of Ksh 20,000, or in default, three years imprisonment, with the sentence to run from the date of conviction in the trial court.
Court Disposition
appeal allowed in part
Orders
- The ten-year custodial sentence imposed by the trial court is set aside.
- The appellant is sentenced to pay a fine of Ksh 20,000 or, in default, serve three years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL No. 258 OF 2015
JOSEPH NDUNGU WAWERU..........................APPELLANT
VERSUS
REPUBLIC.......................................................RESPONDNET
(Appeal from the Sentence of the Chief Magistrate’s Court at Nakuru. Hon. W. Juma – Chief Magistrate delivered on the 19th April, 2011 in CR Case No. 1372 of 2011)
RULING
The appellant herein JOSEPH NDUNGU WAWERU has filed this appeal seeking a review of his sentence. The appellant does not challenge his conviction. He pleaded guilty at the trial. The appellant was sentenced to serve ten (10) years imprisonment which he terms harsh and excessive. MR. CHIGITI learned State Counsel does not oppose this appeal against sentence.
The appellant was found in possession of 23 rolls of bhang. This was likely for his own personal consumption. The learned trial magistrate imposed the maximum sentence of ten (10) years imprisonment. Given that the appellant was a first offender it is my view that the trial magistrate ought to have considered imposing an alternative sentence.
Taking all factors into account I feel that the maximum sentence was not warranted. I therefore allow this appeal against sentence. I set aside the ten (10) years term imposed by the trial court. In its place I substitute a fine of Ksh 20,000/= in default to serve three (3) years imprisonment. The sentence to run from the time of conviction in the trial court.
Dated in Nakuru this 6th day of September, 2016.
Maureen Odero
Judge
6/9/2016