[2001] KEHC 254 (KLR)
The court found that the plea of guilty was properly and regularly taken in the lower court, and that the sentence of 8 months imprisonment was appropriate for a first offender convicted of trafficking in narcotic drugs. The grounds of appeal, including the alleged lack of evidence and claims of being misled, were...
Source-derived case information.
- Citation
- [2001] KEHC 254 (KLR)
- Parties
- Appellant: Mariam Mueni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- ? 60 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Narcotic Drugs Offences, Plea of Guilty, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mariam Mueni
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty was properly taken and valid.
- 2 Whether the sentence imposed on the appellant was excessive for a first offender.
- 3 Whether the conviction was based on sufficient evidence.
Ratio Decidendi
The court found that the plea of guilty was properly and regularly taken in the lower court, and that the sentence of 8 months imprisonment was appropriate for a first offender convicted of trafficking in narcotic drugs. The grounds of appeal, including the alleged lack of evidence and claims of being misled, were not substantiated. The absence of the appellant and her counsel at the hearing further indicated a lack of interest in pursuing the appeal. Accordingly, the appeal was dismissed and the conviction and sentence were upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The conviction and sentence of 8 months imprisonment are upheld.
Full Case Text
Judgment text and source record
4 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS APPELLATE SIDE CRIMINAL APPEAL NO. 60 OF 2001 (From Original Conviction and Sentence in Criminal Case No. 177 of 2001 of the Senior Resident Magistrate’s Court at Kajiado: H. Ndungu Miss, on 20. 3.2001) MARIAM MUENI ::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT VERSUS REPUBLIC :::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
J U D G E M E N T 20 In the lower court at Kajiado the appellant was charged with trafficking in narcotic drugs C/s. 3(1) (a) of the now popularly called the Narcotic Drugs Act No.4/94 in that on 22. 3.2001 along NAMANGA-NAIROBI ROAD she was found trafficking 3 kg. of bhang. The appellant pleaded guilty and was ordered to serve 8 months imprisonment with effect from 26. 3.2001. On 9. 4.2001 M/s Mutula and Company Advocates Nairobi filed. Seven grounds of appeal, that the exhibit was not placed before the court and no medical report was tendered (about the bhang?) and that the appellant was a first offender. That the prosecution misled the appellant to plead guilty and that the charge was based on mere allegations. That further proof was required to convict the appellant yet she got a sentence that was excessive in the circumstances. Rather a jumbled petition of appeal but the court was still ready to listen to it.
Notice of hearing went out to the appellant’s lawyers on 5. 6.2001 for hearing 10 on 18. 6.2001. They did not appear and a further notice issued on 19. 6.2001 for 2. 7.2001. Again there was no appearance and the Learned State Counsel was allowed to proceed with the appeal. He noted that perhaps the appellant had lost interest in the appeal. However the plea of guilty appeared regularly taken and that 8 months for a first offender was appropriate. On perusing the lower court record the plea of guilty was properly taken and the sentence merited. This appeal is dismissed. Judgement accordingly.
Delivered on 16th July 2001. J. W. MWERA JUDGE