[2004] KEHC 1830 (KLR)
The court found that the appellant's plea of guilty was properly taken, with interpretation in languages he understood, and that there was no evidence of confusion. Therefore, the conviction was upheld. However, considering the appellant was found with only 50 grams of bhang and was not a trafficker, the sentence of...
Source-derived case information.
- Citation
- [2004] KEHC 1830 (KLR)
- Parties
- Appellant: Michael Ochieng Aror; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 31 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction upheld, sentence reduced
- Legal Topics
- Narcotic Possession, Plea of Guilty, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Ochieng Aror
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty was properly taken and understood by the appellant.
- 2 Whether the sentence imposed was excessive given the quantity of narcotic drugs found.
Ratio Decidendi
The court found that the appellant's plea of guilty was properly taken, with interpretation in languages he understood, and that there was no evidence of confusion. Therefore, the conviction was upheld. However, considering the appellant was found with only 50 grams of bhang and was not a trafficker, the sentence of four and a half years was deemed excessive. The court exercised its discretion to reduce the sentence to nine months' imprisonment, finding this to be proportionate to the offence and circumstances.
Court Disposition
conviction upheld, sentence reduced
Orders
- Appeal against conviction is rejected.
- Sentence of four and a half years is set aside and substituted with nine months' imprisonment.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISIICRIMINAL APPEAL NO.31 OF 2004(From original conviction and sentence of the Senior Resident Magistrate’s Court at Oyugis in Criminal Case No.451 of 2002 –N. N. NJAGI ESQ., SRM)MICHAEL OCHIENG AROR …………………………………………. APPELLANTVERSUSREPUBLIC …………………………………………………………….RESPONDENTJUDGMENT
Appellant was charged of being in possession of Narcotic drugs c/s. 3(1) and (2) (a) of The Narcotics and Physcrotropic Substances Act. He pleaded guilty and was convicted and sentenced to 41/2 years imprisonment.
Record shows that the charge was read to appellant. Interpretation was in English, Kiswahili and Luo. Accused understands that language well. Facts were too read to him and he accepted them. The plea was taken properly and there is no evidence that he was confused. He was therefore properly convicted. Appeal against conviction is therefore rejected.
As for sentence appellant was sent to jail for four and half years. He was found with only 50 grams of bhang which means he was not a trafficker. 41/2 years were excessive in the circumstances. I therefore set aside the sentence of 41/2 years and substitute it with one of 9(nine) months imprisonment.
It is so ordered.KABURU BAUNIJUDGE 24/6/04 Dated and delivered on 24/6/04. Mr. Kemo for State.KABURU BAUNIJUDGE