[1987] KEHC 70 (KLR)
The court held that the sentence of 18 months imprisonment for possession of cannabis sativa was not excessive, particularly in light of the appellant's admission of guilt and his position as a Kanu Youth Winger, which warranted a higher expectation of responsible conduct. The magistrate's consideration of these...
Source-derived case information.
- Citation
- [1987] KEHC 70 (KLR)
- Parties
- Appellant: Kimeu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 193 of 1987
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- ENA Torgbor
- Legal Topics
- Sentencing Principles, Possession of Narcotics
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimeu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for possession of cannabis sativa was excessive given the appellant's admission of guilt.
Ratio Decidendi
The court held that the sentence of 18 months imprisonment for possession of cannabis sativa was not excessive, particularly in light of the appellant's admission of guilt and his position as a Kanu Youth Winger, which warranted a higher expectation of responsible conduct. The magistrate's consideration of these factors was appropriate, and there was no basis to interfere with the sentence imposed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL APPEAL NO 193 OF 1987
KIMEU …………………….APPELLANTS
V
REPUBLIC…………….……RESPONDENT
JUDGMENT.
The appellant was convicted for possessing cannabis sativa and sentenced to 18 months imprisonment. As he admitted the charge this is in effect an appeal against the sentence only. In sentencing the appellant the magistrate took into his consideration the fact that appellant was a Kanu Youth Winger from whom a responsible conduct was expected. I find no fault with that. The sentence is not excessive bearing in mind the gravity of the charge.
Appeal is dismissed.
November 17,1987
TORGBOR
JUDGE