[2012] KEHC 1116 (KLR)
The court found that the appellants, both aged 22 and gainfully employed prior to conviction, had pleaded guilty and accepted responsibility for possessing a small quantity (ten rolls) of bhang valued at Kshs. 100. They had already served two years and five months of a four-year sentence. Considering their youth,...
Source-derived case information.
- Citation
- [2012] KEHC 1116 (KLR)
- Parties
- Appellant: Moses Kanja Kariuki; Appellant: Michael Kamau Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 394 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- LA Achode
- Legal Topics
- Narcotic Drugs, Sentencing Principles, Mitigation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kanja Kariuki
Appellant
Michael Kamau Kimani
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment for trafficking in narcotic drugs was excessive in the circumstances.
- 2 Whether the appellants' mitigation and personal circumstances warranted reduction or setting aside of the sentence.
Ratio Decidendi
The court found that the appellants, both aged 22 and gainfully employed prior to conviction, had pleaded guilty and accepted responsibility for possessing a small quantity (ten rolls) of bhang valued at Kshs. 100. They had already served two years and five months of a four-year sentence. Considering their youth, remorse, and the minor nature of the offence, the court exercised its discretion to quash the convictions and set aside the sentences, holding that the interests of justice would be better served by their immediate release.
Court Disposition
appeal_allowed
Orders
- The convictions of both appellants are quashed.
- The sentences imposed are set aside.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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MOSES KANJA KARIUKI ....................................................1st APPLICANT
MICHAEL KAMAU KIMANI .................................................2nd APPLICANT
VERSUS
REPUBLIC ................................................................................RESPONDENT
(From original conviction and sentence in criminal case Number 487 of 2010 in the Resident Magistrate’s Court at Gatundu – D. G. Karani (SRM) on 2nd July 2010)
JUGMENT
1. The appellants herein, Moses Kanja Kariuki and Michael Kamau Kimani were convicted for the offence of trafficking in Narcotic drugs (Bhang), contrary to Section 4(a)of theNarcotic Drugsand Psychotropic Substances (Control) Act No. 4 of 1994. They were sentenced to serve four (4) years imprisonment by the Resident Magistrate, D. G. Karani at Gatundu. The sentence commenced on 2nd July 2010.
2. The two appellants filed appeal Nos.392and394of 2010which were subsequently consolidated and proceeded under criminal appeal No. 394 of 2010. On the date of hearing both appellants abandoned their appeals against conviction and offered mitigation against the sentence,
3. The 1st appellant, Moses Kanja Kariuki told the court that he was aged 22 years, had a thriving “boda boda” business before his conviction and had learned masonry while in prison.
4. The 2nd appellant, Micheal Kimani Kamau also aged 22 years and a “boda boda” operator, told the court that he had acquired skills in electrical work while in prison.
5. They both pleaded for the reduction of the sentence, of 4 years imprisonment imposed against them.
6. I have therefore perused the lower court record which indicates that both pleaded guilty to the offence and took responsibility for their actions. I have considered that the amount found in their possession, was only ten rolls of bhang with a street value of Kshs.100/=, and the fact that they have already served two years and five months, out of the four years sentence handed to them.
7. I have also considered that they were young people barely out of their teenage at the time of conviction, but were gainfully employed in the “boda boda” business. It is my humble opinion that the interest of justice will be better served by the exercise of my discretion in their favour.
Reasons wherefore, their respective appeals succeed. The respective convictions are quashed and the resultant sentences set aside. Each appellant is set at liberty forthwith unless otherwise lawfully held.
SIGNED DATEDandDELIVEREDin open court this 15th day of November2012.
L. A. ACHODE
JUDGE