[2021] KEHC 4449 (KLR)
The court found that the sentence of 10 years imprisonment for trafficking 13 rolls of cannabis valued at Kshs. 260 was harsh and excessive, especially considering the appellant's guilty plea, remorse, and the relatively minor nature of the offence. The period already served was deemed sufficient punishment. The...
Source-derived case information.
- Citation
- [2021] KEHC 4449 (KLR)
- Parties
- Appellant: Peter Gachanja Kibanya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 5 of 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Sentencing Principles, Drug Offences, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Gachanja Kibanya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for trafficking 13 rolls of cannabis was harsh and excessive.
- 2 Whether the charge of trafficking was proved against the appellant.
- 3 Whether the trial magistrate considered the appellant's mitigation and circumstances of arrest.
Ratio Decidendi
The court found that the sentence of 10 years imprisonment for trafficking 13 rolls of cannabis valued at Kshs. 260 was harsh and excessive, especially considering the appellant's guilty plea, remorse, and the relatively minor nature of the offence. The period already served was deemed sufficient punishment. The appeal was allowed and the appellant ordered to be released unless otherwise lawfully held.
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- The period served by the appellant is deemed sufficient punishment for the offence.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 5 OF 2020
PETER GACHANJA KIBANYA..................................................................................APPELLANT
VERSUS
REPUBLIC...................................................................................................................RESPONDENT
(Being an appeal against the sentence of 3rd December 2015 charged with offence of Trafficking
in Narcotic Drug contrary to section 4(b) of the Narcotic Drugs & Psychotropic
Substances Control Act No. 4 of 1994 by Hon. D. Mochache PM
at Mombasa Chief Magistrate Court.
J U D G M E N T
1. The Appellant Peter Gachanja Kibanya filed appeal against the sentence passed against him in Mombasa Chief Magistrates Court CR. Case No. 2337 of 2015 by Hon. D. Mochache PM on 3rd December 2015 for the offence of trafficking in Narcotic drugs contrary to Section 4(b) of the Narcotic drugs and psychotropic substances Control Act No. 4 of 1994 where he was sentenced to 10 years imprisonment.
2. The particulars of the offence were that Peter Gachanja Kibanya on the 25th day of November 2015 at Makadara are access Mombasa District within Mombasa County was found trafficking in narcotic drugs to wit 13 rolls of cannabis with street value of Kshs.260/= by way of conveying in contravention of that said act.
3. The appellant pleaded guilty to the charge and facts when explained to him and upon consideration of his mitigation he was sentenced to 10 years imprisonment.
4. Appellant has appealed on the ground that sentence is harsh and excessive;
That the charge of trafficking was never proved.
That the trial Magistrate did not consider that his arrest had no connection with the charge.
He also said he never wasted courts time and he was remorseful. The Respondent counsel didn’t oppose appeal.
5. The appeal is therefore allowed. Period served by appellant is more than sufficient punishment for offence of trafficking 13 rolls of cannabis with street value of Kshs.260/=. The appellant to be set at liberty forthwith unless lawfully detained.
DATED, SIGNED AND DELIVERED IN OPEN COURT /ONLINE THROUGH MS TEAMS, THIS 29TH DAY OF JULY, 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel – Court assistant
Ms. Karanja for Respondent
Appellant – Present in person
Hon. Lady Justice A. Ong’injo
Judge