[2025] KEHC 1311 (KLR)
The court found that the appellant, having pleaded guilty and received a favourable pre-sentence report, had demonstrated circumstances warranting leniency. The sentence of five years imprisonment was deemed harsh and excessive in the circumstances. The court exercised its discretion to substitute the custodial...
Source-derived case information.
- Citation
- [2025] KEHC 1311 (KLR)
- Parties
- Appellant: Dilan Musi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 56 of 2024
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Principles, Narcotic Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dilan Musi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment for possession of narcotic drugs was harsh and excessive.
- 2 Whether the appellant should be granted a non-custodial sentence in light of his plea of guilty and favourable pre-sentence report.
Ratio Decidendi
The court found that the appellant, having pleaded guilty and received a favourable pre-sentence report, had demonstrated circumstances warranting leniency. The sentence of five years imprisonment was deemed harsh and excessive in the circumstances. The court exercised its discretion to substitute the custodial sentence with a non-custodial Community Service Order for fifteen months, emphasizing rehabilitation and reintegration over incarceration.
Court Disposition
appeal_allowed
Orders
- The sentence of five years imprisonment is set aside.
- The appellant shall serve a Community Service Order for fifteen months.
Full Case Text
Judgment text and source record
20 paragraphs
Musi v Republic (Criminal Appeal 56 of 2024) [2025] KEHC 1311 (KLR) (4 March 2025) (Judgment)
Neutral citation: [2025] KEHC 1311 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 56 of 2024
DR Kavedza, J
March 4, 2025
Between
Dilan Musi
Appellant
and
Republic
Respondent
Judgment
1. The appellant was charged and convicted on his own plea of guilty for the offence of being in possession of narcotics drugs contrary to section 3(1) as read with 3(2) of the Narcotic Drugs and Psychotropic Substance Control Act, No. 4 of 1994 to wit 25 rolls of cannabis with a street value of Kshs. 2500. He was sentenced to serve five (5) years imprisonment.
2. He has now filed an appeal on the sentence imposed. The grounds raised are that the sentence is harsh and excessive. Since his incarceration he has suffered from health complications. He urged the court to issue a non-custodial sentence.
3. From the record, I note that the appellant was convicted and sentenced on his own plea of guilty. He therefore saved the court’s time. In addition, the pre-sentence report was favourable.
4. In view of the foregoing, it is my finding that the appellant would benefit from a non-custodial sentence to undergo rehabilitation and counselling.
5. I hereby substitute the sentence of five years imprisonment with a Community Service Order for a period of fifteen (15) months. The appellant is directed to report to the Kibera Probation Officer for placement.
JUDGEMENT DATED AND DELIVERED VIRTUALLY THIS 4TH MARCH 2025. .............................D. KAVEDZAJUDGE