[2013] KEHC 699 (KLR)
The court found that since the appellant pleaded guilty to the charge, there was no requirement for a detailed written judgment as stipulated under section 169 of the Criminal Procedure Code. The conviction and sentence were lawfully entered upon the appellant's own plea, and the sentence imposed was not harsh or...
Source-derived case information.
- Citation
- [2013] KEHC 699 (KLR)
- Parties
- Appellant: Lilian Ngina Lele; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 58 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- GO Shikwe
- Legal Topics
- Narcotic Possession, Plea of Guilty, Sentencing, Criminal Procedure Code Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Ngina Lele
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial magistrate complied with section 169 of the Criminal Procedure Code in delivering judgment upon a plea of guilty.
- 2 Whether the conviction and sentence were lawful and appropriate given the circumstances.
Ratio Decidendi
The court found that since the appellant pleaded guilty to the charge, there was no requirement for a detailed written judgment as stipulated under section 169 of the Criminal Procedure Code. The conviction and sentence were lawfully entered upon the appellant's own plea, and the sentence imposed was not harsh or excessive. Consequently, there was no merit in the appeal, and no justification to interfere with the conviction or sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The conviction and sentence of the trial court are upheld.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 58 OF 2010
LILIAN NGINA LELE......…................................................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From the Original Conviction and Sentence in Criminal case No. 328 of 2010 Senior Resident Magistrate's Court Mombasa– Hon. Ondieki - SRM)
JUDGMENT
Lilian Ngina Lele hereinafter referred to as the Appellant was Convicted and Sentenced to a fine of Ksh. 300,000/= in default ten (10) years imprisonment for the offence of being in possession of narcotic drugs contrary to section 3(1) as read with section 2(b) of the narcotics and psychotropic substances control Act No. 4 of 1994.
The particulars being that on the 25th day of January, 2010 at about 11:20 am at Mwembe Tayari market in Mombasa County, jointly, with another not before the Court was found in possession of two sachets of heroin with a street value of Ksh. 400/= in contravention of the said Act.
The Accused pleaded guilty to the charge and was convicted and sentenced upon plea.
Her main ground of appeal is that the trial magistrate did not comply with the provisions of section 169 of the Criminal Procedure Code.
Section 169 provides,
“Every Judgment shall except as otherwise expressly provided by this code, be written by or under thee direction of the presiding officer of the Court in the language of the Court and shall contain the point or points for determination, the decision thereon, and the reasons for the decision and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it”.
In the present case, there was no judgment written and delivered as the Appellant pleaded guilty to the charge and was convicted upon entering plea. The appellant was sentenced to a fine of Ksh. 300,00/= in default ten years. The sentence was not harsh or excessive. I find no good reason to disturb the Conviction and Sentence.
The appeal has no merit and it is rejected/dismissed.
Judgment delivered dated and signed this 11th day of December, 2013
…...................
M. MUYA
JUDGE
11TH DECEMBER, 2013
In the presence of:-
Learned State Counsel Mr. Ayodo
The Appellant present
Court clerk Musundi