[2014] KEHC 4817 (KLR)
The court found that the sentence of ten years imprisonment imposed on the appellant for possession of 55 grams of cannabis sativa was manifestly harsh and excessive in the circumstances. The court considered the quantity of the drug and determined that a lesser sentence was warranted. Consequently, the sentence was...
Source-derived case information.
- Citation
- [2014] KEHC 4817 (KLR)
- Parties
- Appellant: Kasee Kithuku Kola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 24 of 2012
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- sentence reduced to period already served
- Judges
- BT Jaden
- Legal Topics
- Sentencing Principles, Possession of Narcotics, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kasee Kithuku Kola
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of ten years imprisonment for possession of 55 grams of cannabis sativa was harsh and excessive.
Ratio Decidendi
The court found that the sentence of ten years imprisonment imposed on the appellant for possession of 55 grams of cannabis sativa was manifestly harsh and excessive in the circumstances. The court considered the quantity of the drug and determined that a lesser sentence was warranted. Consequently, the sentence was reduced to the period already served, reflecting the principle of proportionality in sentencing and the need to ensure that punishment fits both the crime and the offender.
Court Disposition
sentence reduced to period already served
Orders
- The sentence of ten years imprisonment is set aside.
- The appellant is sentenced to the period already served.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL APPEAL NO. 24 OF 2012
KASEE KITHUKU KOLA …………..……………… APPELLANT
VERSUS
REPUBLIC
(Being an appeal from the sentence of Hon. P. Wambugu Resident Magistrate delivered on 1/03/2013 in Makindu Principal Magistrate Criminal Case No. 156 of 2013)
************************************
(Before Hon. B. Thuranira Jaden J)
J U D G M E N T
The Appellant, Kasee Kithuku Kola was charged with the offence of being in possession of Cannabis Sativa contrary to section 3 (1) (2) of Narcotic Drugs and Psychotropic Substance Control Act No. 4 of 1994.
The particulars of the offence were that on the 11th day of February 2013 at Kibwezi Township, Mikuyuni Sub-location in Kibwezi District within Makueni County was found being in possession of Cannabis Sativa (bhang) to wit 55 grams which was not in medical preparation with a street value of Kshs.420/=.
When the Appellant was arraigned before the trial court, he pleaded guilty. On 1/3/13 the Appellant was sentenced to ten (10) years imprisonment. The appeal is on sentence only.
The sentence of ten years was harsh and excessive taking into account the quantity of the Cannabis Sativa. I reduce the sentence to the period already served.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 3rdday of June 2014.
………………………………………
B. THURANIRA JADEN
JUDGE