[2023] KEHC 20632 (KLR)
The High Court found that the sentence of 5 ½ years imprisonment for possession of cannabis sativa was excessive given the applicant's plea of guilty, status as a first offender, good conduct, and personal circumstances. The court relied on the sentence review report recommending probation and the prosecution's...
Source-derived case information.
- Citation
- [2023] KEHC 20632 (KLR)
- Parties
- Applicant: Patrick Matano Mwadime; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E003 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant placed on probation for remainder of sentence
- Judges
- GMA Dulu
- Legal Topics
- Sentence Revision, Possession of Narcotics, Plea of Guilty, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patrick Matano Mwadime
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of cannabis sativa was excessive and warranted revision.
- 2 Whether the applicant should be placed on probation for the remainder of his sentence.
Ratio Decidendi
The High Court found that the sentence of 5 ½ years imprisonment for possession of cannabis sativa was excessive given the applicant's plea of guilty, status as a first offender, good conduct, and personal circumstances. The court relied on the sentence review report recommending probation and the prosecution's concession that the sentence was harsh. Applying Section 362 of the Criminal Procedure Code and the Probation of Offenders Act, the court held that the interests of justice would be served by placing the applicant on probation for the remainder of his sentence, subject to the condition that he does not commit a similar offence during the probation period.
Court Disposition
sentence revised; applicant placed on probation for remainder of sentence
Orders
- The sentence of 5 ½ years imprisonment imposed by the trial court is set aside.
- The applicant is placed on probation for the remainder of his prison sentence, under supervision of the Probation Officer Voi.
Full Case Text
Judgment text and source record
22 paragraphs
Mwadime v Republic (Criminal Revision E003 of 2023) [2023] KEHC 20632 (KLR) (18 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20632 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E003 of 2023
GMA Dulu, J
July 18, 2023
Between
Patrick Matano Mwadime
Applicant
and
Republic
Respondent
Ruling
1. Before me is an application for revision of sentence filed by the applicant herein on January 13, 2023, which sentence was pronounced by the trial court on November 29, 2022.
2. I note that the applicant was convicted on his own plea of guilty to possession of cannabis sativa (bhang) contrary to Section 4(a)(ii) of the Narcotic Drugs and Psychotropic Substances Control Act, and sentenced to serve 5 ½ years imprisonment.
3. As at the time he filed his application for revision of sentence, it is claimed that he had 3 years and 3 months of imprisonment to serve.
4. When the matter came up, the court ordered the filing of a Sentence Review report, which was filed on April 18, 2023 and signed by John Riungu a Probation Officer Voi, in which it is recommended that the applicant be placed on probation for the remainder of the prison sentence.
5. The Prosecuting Counsel Mr Sirima also in his submissions, suggests that the sentence imposed was excessive and should be reduced to 2 years imprisonment. Counsel relied on the case of Caroline Ouma Rajabu =Versus= Republic (2018) eKLR a decision of the Court of Appeal wherein an appellant’s life sentence in a case of narcotic drugs was reduced to a discharge under Section 35(1) of the Penal Code.
6. Having considered the quantity of bhang found on the applicant herein said to be of the value of 7,700/= , that the applicant pleaded guilty, that he said he had school going children to care for as a divorced parent, that he was a first offender and said in the sentence review report to be of good conduct in the community and in prison, I will review the sentence imposed herein under the provisions of Section 362 of the Criminal Procedure Code (Cap 75) as well as the Probation of Offenders Act.
7. I thus review the sentence meted by the trial court, and order that the applicant be and is hereby put on Probation Sentence for the remainder of his prison sentence, on condition that he will not commit any similar offence for the said probation period. He will be under the supervision of the Probation Officer Voi.
DATED, SIGNED AND DELIVERED THIS 18TH DAY OF JULY 2023 AT VOI IN OPEN COURT.GEORGE DULUJUDGEIn the presence of:-ApplicantMr. Okemwa for the StateMr. Otolo court assistant