[2015] KEHC 5268 (KLR)

[2015] KEHC 5268 (KLR)

The court found that the period of about two years already served by the applicant for the offence of possession of drugs worth Kshs. 300/= was sufficient punishment. Consequently, the five-year sentence was reviewed and reduced to the period already served, and the applicant was ordered to be set free unless...

Source-derived case information.

Citation
[2015] KEHC 5268 (KLR)
Parties
Appellant: Lemmy Muteti Philip; Respondent: Republic
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Criminal Revision 102 of 2012
Procedural Posture
Criminal Revision / Orders on Revision
Outcome
sentence reviewed and reduced to period served; applicant to be released unless otherwise lawfully held
Judges
SJ Chitembwe
Legal Topics
Possession of Drugs, Sentencing Review
Source Language
en
Criminal Law Possession of Drugs Sentencing Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lemmy Muteti Philip

Appellant

Republic

Respondent

Procedural Posture

Criminal Revision / Orders on Revision

Legal Issues

  1. 1 Whether the sentence imposed on the accused for possession of drugs was excessive in the circumstances.
  2. 2 Whether the period already served by the applicant constituted sufficient punishment.

Ratio Decidendi

The court found that the period of about two years already served by the applicant for the offence of possession of drugs worth Kshs. 300/= was sufficient punishment. Consequently, the five-year sentence was reviewed and reduced to the period already served, and the applicant was ordered to be set free unless otherwise lawfully held.

Court Disposition

sentence reviewed and reduced to period served; applicant to be released unless otherwise lawfully held

Orders

  • The five-year sentence is reviewed to the period already served.
  • The applicant shall be set free unless otherwise lawfully held.