[2021] KEHC 9814 (KLR)
The court found that the applicant had a history of similar offences and had not demonstrated genuine remorse or reformation. The probation report and previous convictions indicated a pattern of recidivism, and the community's negative perception of the applicant further weighed against leniency. The sentence...
Source-derived case information.
- Citation
- [2021] KEHC 9814 (KLR)
- Parties
- Applicant: Anthony Mwaluma; Respondent: State
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E003 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision dismissed
- Judges
- JN Onyiego
- Legal Topics
- Sentencing Principles, Possession of Narcotics, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Mwaluma
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for possession of cannabis sativa was harsh and excessive.
- 2 Whether the applicant deserved leniency in light of his previous convictions and probation report.
Ratio Decidendi
The court found that the applicant had a history of similar offences and had not demonstrated genuine remorse or reformation. The probation report and previous convictions indicated a pattern of recidivism, and the community's negative perception of the applicant further weighed against leniency. The sentence imposed by the trial court was neither harsh nor excessive in the circumstances. Therefore, there was no justification for the High Court to interfere with the sentence under its revisionary jurisdiction.
Court Disposition
application for revision dismissed
Orders
- The application for revision is dismissed.
- The applicant shall continue serving his sentence as imposed by the trial court.
Full Case Text
Judgment text and source record
22 paragraphs
Mwaluma v State (Criminal Revision E003 of 2020) [2021] KEHC 9814 (KLR) (12 February 2021) (Ruling)
Neutral citation: [2021] KEHC 9814 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E003 of 2020
JN Onyiego, J
February 12, 2021
Between
Anthony Mwaluma
Applicant
and
State
Respondent
(Being an application for revision of conviction and sentence delivered by Hon E Nyakundi Resident Magistrate Wundanyi Law Courts on June 18, 2020. )
Ruling
1. The appellant was charged before Hon E Nyakundi Resident Magistrate Wundanyi Law Courts of the offence of being in possession of cannabis sativa contrary to section 3(1) as read out with section 3 (2) of the Narcotic Drugs And Psychotropic Substances (Control) Act No 4 of 1994 in that he was found with 699 grams of cannabis sativa with a street value of 700/=
2. Having pleaded guilty to the charge, he was convicted and sentenced to 3 years imprisonment on June 18, 2020. Aggrieved by the sentence, the appellant filed an application for revision of the same.
3. The undated revision letter addressed to the Resident Judge pleads for leniency claiming that the sentence was harsh and excessive; that he has reformed; that he is the sole breadwinner to his family and, that he is remorseful.
4. During the hearing, he reiterated the same grounds. Ms Mukangu opposed the application stating that the appellant has three previous convictions on similar charges and that he was not remorseful.
5. I have considered the application, grounds cited for revision and the response thereto by the state. From the record, the court did consider the probation officer's report dated June 18, 2020 which described the appellant as a jail bird whom the community does not want as he is notorious in selling bhang.
6. I have looked at the probation report and the previous record which the appellant does not dispute. From the record, the appellant does not seem to reform or change. His previous conduct speaks volumes and it actually stinks of a person hell bent to destroy the whole community by selling bhang. He does not deserve leniency. I have no reason to interfere with the sentence imposed. Accordingly, the application for revision is dismissed. Appellant to continue serving his sentence.
DATED, SIGNED AND DELIVERED THIS 12TH DAY OF FEBRUARY 2021JN ONYIEGOJUDGE