[2009] KEHC 2953 (KLR)
The High Court found that the trial magistrate had properly considered all relevant facts, including the appellant's mitigation and the seriousness of the offence. The appellant was not a first offender and was found in possession of a significant quantity of cannabis sativa. The sentence of five years imprisonment...
Source-derived case information.
- Citation
- [2009] KEHC 2953 (KLR)
- Parties
- Appellant: Patrick Kithi Ngombo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 264 of 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Narcotic Drugs Possession, Sentencing Guidelines, Plea of Guilty, Repeat Offender, Mitigation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kithi Ngombo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment with hard labour for possession of narcotic drugs was manifestly excessive in the circumstances.
- 2 Whether the trial court properly considered the appellant's mitigation and status as a first offender.
Ratio Decidendi
The High Court found that the trial magistrate had properly considered all relevant facts, including the appellant's mitigation and the seriousness of the offence. The appellant was not a first offender and was found in possession of a significant quantity of cannabis sativa. The sentence of five years imprisonment with hard labour was within the statutory limits and not manifestly excessive. There was no basis for appellate interference with the sentence imposed by the trial court. The appeal was therefore dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CRIMINAL APPEAL 264 OF 2006
PATRICK KITHI NGOMBO…………….………….…….APPELLANT
VERSUS
REPUBLIC…………………………………………..……RESPONDENT
JUDGMENT
The appellant, Patrick Kithi Ngombo, was convicted on his own plea of guilty to being in possession of narcotic drugs contrary to section 3 (1) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994 as read with section 2 (b) of the same Act and sentenced to five (5) years imprisonment with hard labour.
In the appeal before me, the appellant prays for a reduction of the sentence on the ground that it is manifestly excessive in the circumstances. In his mitigating grounds, he states that he pleaded guilty; that he was a first offender and that he has a family of school going children who depend on him for their livelihood.
The facts recorded by the Learned trial Magistrate, Andayi, then a Resident Magistrate, show that the appellant was found in possession of 54 ½ rolls of cannabis sativa and that he was a repeat offender. Besides, his mitigating circumstances were taken into account before the sentence was imposed. Taking into account all the facts and circumstances of the case, I am of the view that the sentence imposed by the trial court was neither harsh nor manifestly excessive in those circumstances. I find no merit in this appeal and accordingly order that the same be and is hereby dismissed.
DATED AND DELIVERED AT MOMBASA THIS 27TH DAY OF JULY 2009.
F. AZANGALALA
JUDGE
Read in the presence of:-
Mr. Onserio for the State and the Appellant in person.
F. AZANGALALA
JUDGE
27TH JULY 2009