[2021] KEHC 3314 (KLR)
The court found that, although the appellant was not a first offender, the sentence of six years imprisonment was manifestly excessive given her personal circumstances as a single mother caring for young children and a dependent niece, and the low value of the narcotic drugs (KShs 1,900). The court held that the...
Source-derived case information.
- Citation
- [2021] KEHC 3314 (KLR)
- Parties
- Appellant: Agnes Wangui Mwai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 81 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against sentence partially allowed; sentence reduced to time served; appellant to be released unless otherwise lawfully held.
- Judges
- HPG Waweru
- Legal Topics
- Sentencing Principles, Narcotic Drugs Offences, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Wangui Mwai
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of six years imprisonment for possession of narcotic drugs was manifestly excessive in the circumstances.
- 2 Whether the appellant's personal circumstances and the value of the drugs warranted a reduction of sentence.
Ratio Decidendi
The court found that, although the appellant was not a first offender, the sentence of six years imprisonment was manifestly excessive given her personal circumstances as a single mother caring for young children and a dependent niece, and the low value of the narcotic drugs (KShs 1,900). The court held that the interests of justice would be served by reducing the sentence to the period already served, which was slightly over three years, and ordered the appellant's immediate release unless otherwise lawfully held.
Court Disposition
Appeal against sentence partially allowed; sentence reduced to time served; appellant to be released unless otherwise lawfully held.
Orders
- The sentence of six years imprisonment is set aside and substituted with the term already served.
- The appellant shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
Mwai v Republic (Criminal Appeal 81 of 2018) [2021] KEHC 3314 (KLR) (7 October 2021) (Judgment)
Agnes Wangui Mwai v Republic [2021] eKLR
Neutral citation: [2021] KEHC 3314 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Criminal Appeal 81 of 2018
HPG Waweru, J
October 7, 2021
Between
Agnes Wangui Mwai
Appellant
and
Republic
Respondent
(Appeal from original Sentence in Nanyuki CM Criminal Case No 1950 of 2017 – D Bosibori, RM)
Judgment
1. The Appellant herein, Agnes Wangui MwaI, was convicted after trial of being in possession of narcotic drugs contrary to section 3(1) & (2) (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, 1994. On 12/06/2018 she was sentenced to serve six (6) years imprisonment. She appealed only against the sentence.
2. The Appellant was not a first offender. She had at least one previous relevant conviction (relating to illicit drinks). Nonetheless, she was a single mother of two young children and was taking care of at least one other child of her deceased sister. The narcotic drugs that were found in her possession amounted only to KShs 1,900/00 in value. A sentence of six (6) years imprisonment was manifestly excessive in the circumstances.
3. I will partially allow this appeal against sentence by setting aside the 6 years imprisonment awarded, and substitute therefor the term already served (which is slightly over three years). This means that the Appellant shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 18TH DAY OF AUGUST 2021H P G WAWERUJUDGE