[2001] KEHC 236 (KLR)
The court found that the sentence of 4 years imprisonment imposed by the trial magistrate for the offence of trafficking in narcotic drugs was not manifestly excessive, considering the statutory maximum of life imprisonment. The appellate court therefore dismissed the appeal against sentence, holding that there was...
Source-derived case information.
- Citation
- [2001] KEHC 236 (KLR)
- Parties
- Appellant: Oshodi Mweke Umar alias Oshodi Oreke; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 716 of 1999
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- JL Osiemo
- Legal Topics
- Sentencing Principles, Drug Offences, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oshodi Mweke Umar alias Oshodi Oreke
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 4 years imprisonment for trafficking in narcotic drugs was manifestly excessive.
Ratio Decidendi
The court found that the sentence of 4 years imprisonment imposed by the trial magistrate for the offence of trafficking in narcotic drugs was not manifestly excessive, considering the statutory maximum of life imprisonment. The appellate court therefore dismissed the appeal against sentence, holding that there was no basis for interference with the trial court's discretion.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
APPELLATE SIDE
CRIMINAL APPEAL NO.716 OF 1999
(From Original convictions and Sentenced in Criminal Case No.805 of
1999 of the chief Magistrate’s Court at Nairobi)
OSHODI MWEKE UMAR ALIAS OSHODI OREKE …………… APPELLANT
VERSUS
REPUBLIC ……………………………………………………………… RESPODENT
J U D G M E N T
The appellant was charged and convicted with the offence of trafficking in Narcotic Drug contrary to section 4(a) of the Narcotic Drugs and Psychotropic substances (control) Act No.4 of 1994. He was sentenced to 4 years imprisonment. His appeal to this court is against sentence only.
The learned state counsel supports both conviction and sentence and rightly so.
The offence carries a maximum sentence of life imprisonment, and therefore a sentence of 4 years imprisonment imposed by the trial magistrate against the appellant cannot be said to be manifestly excessive.
The appeal therefore is dismissed.
Dated and delivered at Nairobi this 3rd day of May, 2001
J.L.A. OSIEMO
JUDGE