[2012] KEHC 4983 (KLR)
The court found that the appellant's plea of guilty was unequivocal and properly recorded in accordance with the law. The appellant admitted the facts as read out and confirmed his plea during mitigation. There was no challenge to the conviction or the manner in which the plea was taken. The sentence of four years'...
Source-derived case information.
- Citation
- [2012] KEHC 4983 (KLR)
- Parties
- Appellant: Osnel Madoka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 211 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence confirmed
- Judges
- JV Juma
- Legal Topics
- Narcotic Drugs Possession, Plea of Guilty, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Osnel Madoka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's plea of guilty was unequivocal and properly taken.
- 2 Whether the conviction and sentence were lawful and appropriate.
Ratio Decidendi
The court found that the appellant's plea of guilty was unequivocal and properly recorded in accordance with the law. The appellant admitted the facts as read out and confirmed his plea during mitigation. There was no challenge to the conviction or the manner in which the plea was taken. The sentence of four years' imprisonment was within the statutory limits and appropriate given the circumstances. Consequently, the appeal lacked merit and was dismissed in its entirety, with the conviction and sentence of the lower court confirmed.
Court Disposition
appeal dismissed; conviction and sentence confirmed
Orders
- The appeal is dismissed in its entirety.
- The conviction and sentence of the lower court are confirmed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO. 211 of 2010
(From Original Conviction and Sentence in Criminal Case No. 101 of 2010 of the Principal Magistrate’s Court at Voi: Nyakundi L.M. – R.M.)
OSNEL MADOKA …………………………………………… APPELLANT
=VERSUS=
REPUBLIC ………………….……………………………... RESPONDENT
JUDGMENT
The Appellant OSNEL MADOKA has filed this appeal challenging his conviction and sentence by the learned Resident Magistrate sitting at Voi Law courts, on a charge of BEING IN POSSESSION OF NARCOTIC DRUGS CONTRARY TO SECTION 3(1) as read with SECTION 3(2)(a) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE (CONTROL) ACT 1994. Upon his arraignment in court and upon the charge being read out to him the accused pleaded guilty to the charge. The trial magistrate sentenced him to serve four (4) years imprisonment. The Appellant filed this present appeal.
I have perused the proceedings. I note that the Appellant’s plea was properly taken. The facts of the charge were read out to the Appellant as required by law. The Appellant maintained his guilty plea saying:
“Accused:The facts are correct”
This was an unequivocal plea of guilty. Even in mitigation the Appellant confirmed his plea of guilty saying:
“MITIGATION
I have a lot of problems. I found my brother had been chased [from] school. My parents are old. I wanted to sell so that I can settle my debts”
In effect the Appellant admitted to having the rolls of bhang for sale.
Having perused the written submissions filed by the Appellant I note that the Appellant does not appear to challenge his conviction nor does he claim that his plea of guilty was not unequivocal. I find that the Appellant was properly convicted on his own plea of guilty. The sentence of four(4) years was in my view appropriate. I therefore dismiss this appeal in its entirety. I confirm the conviction and sentence of the lower court.
Dated and Delivered in Mombasa this 23rd day of March 2012.
M. ODERO
JUDGE