[2024] KEHC 7381 (KLR)
The court found no reason to interfere with the sentence imposed on the applicant, noting that the applicant was convicted on his own plea of guilty for possession of 16 rolls of cannabis, and the sentence review report was unfavourable, indicating he used and sold cannabis. The court emphasized the need for...
Source-derived case information.
- Citation
- [2024] KEHC 7381 (KLR)
- Parties
- Applicant: Simon Muchiri Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E172 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- AM Muteti
- Legal Topics
- Possession of Narcotics, Sentencing Principles, Plea of Guilty, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Muchiri Njoroge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of cannabis should be reviewed.
- 2 Whether the circumstances of the offence and the applicant's background justify interference with the sentence.
Ratio Decidendi
The court found no reason to interfere with the sentence imposed on the applicant, noting that the applicant was convicted on his own plea of guilty for possession of 16 rolls of cannabis, and the sentence review report was unfavourable, indicating he used and sold cannabis. The court emphasized the need for deterrence in drug-related offences due to the alarming levels of drug abuse in the country. The court held that the sentence was neither illegal nor excessive and that the interests of justice and public policy required upholding the sentence to send a strong message against drug peddling.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- The applicant shall remain in prison until the end of his term.
Full Case Text
Judgment text and source record
23 paragraphs
Njoroge v Republic (Criminal Revision E172 of 2024) [2024] KEHC 7381 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7381 (KLR)
Republic of Kenya
In the High Court at Murang'a
Criminal Revision E172 of 2024
AM Muteti, J
June 6, 2024
Between
Simon Muchiri Njoroge
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of being in possession of cannabis Contrary to Section 3 (1) as read with Section 3 (2) (a) of the Narcotics Drugs and Psychotrophic Substances Act No. 4 of 1994.
2. He was convicted on his own plea of guilty and Sentence to a fine of Ksh. 30,000/= in default to serve 2 years imprisonment. The conviction was entered on 17th January 2024.
3. I have reviewed the file as well as the sentence review report. On the face of the charge sheet the applicant is indicated to have had 16 rolls of cannabis worth Ksh. 4,000. The said drug was not medically prepared.
4. According to the sentence review report the applicant is said to use and sell cannabis. The report by Naumo Peris P.O indicates that the information was from his family members. The report is unfavourable to him.
5. The court is not minded to review his sentence considering that the Drug menace in the country has reached an alarming level calling for all actors in the criminal justice sector to act decisively on those that peddle drugs.
6. The consumption of the same is not only dangerous to the applicant but is a matter of grave concern considering the state of the country in terms of drugs and substance abuse.
7. We must send a strong message to those that think that they can live on the earnings of drugs trade. The Society must be protected from the negative effects of drugs and substance abuse.
8. In view of this, I decline to review the sentence in exercise of the power under Section 364 of Criminal Procedure Code and order that the applicant remains in prison till the end of his term. It is my hope that he will have benefited from the experience in there to decide whether in future he would ever engage in that business.The application is dismissed.
DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI this 6th day of June 2024. A. M. MUTETIJUDGEIn the presence ofYussuf: Court AssistantApplicant present in personMr. Mwangi Counsel for the State.12. 00 NoonRuling delivered file to be closed.